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Supreme Court

Supreme Court Allows Appeal in Ceiling Act Case — Gift Deed Valid Despite Lack of Express Acceptance. Transfer of Property Act, 1882 Sections 122 and 123 do not require express acceptance; implied acceptance from circumstances suffices for a valid gift between father and son.

8 Dec 2020

The present appeal arises from a land ceiling dispute in Rajasthan. Daulat Singh (since deceased, represented by legal heirs) was the owner of 254.2 B...

Supreme Court

Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

20 Nov 2020

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...

Supreme Court

Supreme Court Allows Landlord's Appeal in Rent Dispute Over Unregistered Rent Note — Holds Monthly Tenancy Not Requiring Registration Under Section 17(1)(d) of Registration Act, 1908. The Court Remits Matter to Appellate Court to Determine Whether Tenant Defaulted in Payment of Rent and House Tax Under East Punjab Urban Rent Restriction Act, 1949.

17 Jun 2020

The appeal arose from a landlord-tenant dispute concerning a shop in Punjab. The appellant-landlord, Siri Chand (since deceased, represented by legal ...

Supreme Court

Supreme Court Allows State's Appeal in Sales Tax Reimbursement Dispute — Clarifies That Sales Tax on Works Contracts Is Levied on Goods Component, Not on Completed Items of Work. Clause 45.2 of GCC Does Not Apply When Tax Is on Transfer of Property in Goods Involved in Works Contract.

5 Jun 2020

The Supreme Court allowed the appeal filed by the State of Orissa against the judgment of the Orissa High Court. The dispute arose from works contract...

Supreme Court

Supreme Court Allows Appeal in FCI Lease Dispute — Agreement to Lease Not a Lease Under Section 105 of Transfer of Property Act, 1882. The Court held that the agreement dated 16.12.1976 was an agreement to enter into a lease, not a lease itself, as it did not create a present and immediate interest in the land.

13 May 2020

The present appeal arises from a judgment of the High Court of Madhya Pradesh which allowed the appeal of the Food Corporation of India (FCI) and dism...

Supreme Court

Supreme Court Allows Appeal: Stranger to Compromise Decree Can Challenge It by Separate Suit — Order 23 Rule 3A CPC Does Not Bar Such Suit

6 May 2020

The appeal arose from a suit filed by the appellant, Triloki Nath Singh, seeking a declaration that a compromise decree dated 15 September 1994 passed...

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 Dismisses Appeal in Specific Performance Suit for Want of Proof of Readiness and Willingness. Plaintiff Failed to Aver and Prove Continuous Readiness and Willingness Under Section 16(c) of the Specific Relief Act, 1963.

15 Feb 2019

The appellant, Mehboob-ur-Rehman (since deceased, represented by legal representatives), filed a suit for specific performance of an agreement to sell...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

Supreme Court

Supreme Court Allows Tenant's Appeal in Bombay Tenancy Act Case — Deemed Purchase on Tillers' Day Upheld Despite Landlord's Minority. Landlord's Application for Possession Under Section 31 Having Been Rejected, Tenant Is Deemed Purchaser Under Section 32 Read with Section 29 of the Bombay Tenancy and Agricultural Lands Act, 1948.

12 Feb 2019

The Supreme Court allowed the appeals filed by the tenant, Bayaji Sambhu Mali @ Borate (through LRs), against the judgment of the High Court which had...

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