Search Results for "Immovable properties"

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Supreme Court Dismisses Appeal by Stressed Assets Stabilization Fund Against Lease Forfeiture by West Bengal Small Industries Development Corporation. Mortgagee Cannot Claim Rights Superior to Lessee When Lease Has Been Validly Terminated.

The appeal arose from a judgment of the Calcutta High Court which dismissed the appeal of the Stressed Assets Stabilization Fund (SASF) against an ord...

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Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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Supreme Court Holds Police Cannot Seize Immovable Property Under Section 102 CrPC. The expression 'any property' in Section 102(1) CrPC means only movable property, and immovable property cannot be seized by police during investigation.

The Supreme Court in this judgment resolved a long-standing conflict of opinion in the Bombay High Court regarding the interpretation of Section 102 o...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Supreme Court Allows Partition Suit by Granddaughter of Former Ruler — Private Properties of Nawab of Rampur to Be Distributed Under Muslim Personal Law, Not Primogeniture. Merger Agreement Guarantee of Succession to Gaddi Does Not Cover Private Properties Declared Under Article 4.

The case concerns the succession to properties declared as private properties by Nawab Raza Ali Khan, the former ruler of Rampur, under the Merger Agr...

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Supreme Court Allows Appeal in Partition Suit: High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence. The Court restored concurrent findings of trial court and first appellate court dismissing suits for partition and injunction.

The Supreme Court considered appeals against a common judgment of the Madras High Court which, in exercise of its second appellate jurisdiction under ...

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Supreme Court Dismisses Appeal Against Rejection of Plaint Rejection Application in Testamentary Case Under Section 228 of Indian Succession Act — Limitation Not Applicable to First Petition for Letters of Administration in India Despite Prior Foreign Probate

The Supreme Court dismissed an appeal against the High Court's refusal to reject a plaint under Order VII Rule 11 CPC in a testamentary case. The disp...

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Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...