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Supreme Court

Supreme Court Dismisses State's Appeal in Karnataka Land Reforms Act Case — Plantation Land Exemption Upheld. The Court held that the Land Tribunal's classification of land as plantation was based on spot inspection reports and was not perverse, and that the High Court's refusal to interfere under Article 226 was justified.

27 Apr 2020

The State of Karnataka appealed against a common judgment of the Karnataka High Court dated 7th November 1990, which upheld a decision of the Land Tri...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Case: Mirashi Tenant's Right of Redemption Extinguished After Land Resumed to Government and Regranted to Mortgagee Under Abolition Act. The Court held that the mortgagee's regrant was independent and not for the benefit of the mortgagor, and the mortgagor's failure to seek regrant extinguished his right of redemption.

17 Apr 2020

The case involves a dispute over the right of redemption of a mortgage concerning watan land. The suit land was originally a Paragana watan property g...

Supreme Court

Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

3 Apr 2020

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

Supreme Court

Supreme Court Allows Appeal by Power Distribution Company in Electricity Dues Recovery Case — Auction Purchaser Liable for Previous Owner's Outstanding Electricity Dues Under Specific Auction Clauses. The Court held that where an auction notice explicitly mentions electricity dues and absolves the secured creditor of liability, the auction-purchaser must clear those dues before seeking a new connection.

14 Feb 2020

The respondent, M/s. Srigdhaa Beverages, was the successful auction-purchaser of a mineral water bottling plant owned by M/s. SB Beverages Private Lim...

Supreme Court

Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

1 Jan 2020

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

Supreme Court

Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

1 Jan 2020

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

Supreme Court

Supreme Court Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

Supreme Court

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.

9 Aug 2019

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

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

29 Jul 2019

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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