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Supreme Court

Supreme Court Allows State's Appeal in Urban Land Ceiling Repeal Case Based on Possession Taken Over. Vesting Under Section 11(3) of Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 Saved as Land Owner Voluntarily Surrendered Possession, Satisfying Section 3 of Repeal Act, 1999.

20 Sep 2021

The Supreme Court of India heard civil appeals filed by the State of Tamil Nadu and officials from the Department of Urban Land Ceiling, challenging o...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Rent Control and Municipal Demolition Case, Upholding Tenant's Statutory Protection and Damages Award. The Court affirmed that statutory protection under the Karnataka Rent Control Act, 1961 overrides municipal demolition powers under the Karnataka Municipal Corporations Act, 1976, and that the tenant's suit for damages was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908.

14 Sep 2021

The dispute originated from the demolition of a rented building by the Bangalore City Corporation, leading to litigation between the tenant and the la...

Supreme Court

Supreme Court Allows Plaintiff in Property Injunction Suit by Reversing High Court Judgment on Maintainability and Jurisdiction. The Court held that a suit for bare injunction is maintainable without a declaration prayer even when title is disputed, and the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure, 1908 by reappreciating evidence.

2 Sep 2021

The dispute originated from a suit filed by the plaintiff seeking perpetual injunction to restrain the defendants from interfering with the peaceful p...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Suit, Reinstating Decree for Redemption. Purchaser from Mortgagor Held Necessary Party in Foreclosure Suit Under Order XXXIV Rule 1 CPC, and Right to Redeem Not Extinguished by Decree Against Original Mortgagors Under Section 60 of Transfer of Property Act, 1882.

17 Aug 2021

The dispute arose from a mortgage redemption suit involving land mortgaged in 1954. The plaintiff purchased the mortgaged land via registered sale dee...

Supreme Court

Supreme Court Dismisses Encroacher in Displaced Persons Act Case Due to Priority of Displaced Persons Over Encroachers. Eviction Order Under Section 19(2)(b) of Displaced Persons (Compensation and Rehabilitation) Act, 1954 Upheld as Encroacher Lacked Regularization and Displaced Person Had Allotment Priority Under Section 20.

13 Jul 2021

The appeal arose from a dispute over evacuee land in Gujarat, where the appellant had been running an auto garage since 1977 as an encroacher. The app...

Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

Supreme Court

Supreme Court Dismisses Appeal for De-requisition of Lands Under Requisitioning Act — Compensation Already Determined and Property Not Released. The Court held that the appellants' remedy lies in seeking compensation enhancement, not de-requisition, as the property was not released within the statutory period under Section 6(1A) of the Requisitioning and Acquisition of Immovable Property Act, 1952.

24 Nov 2020

The case involves an appeal by special leave against the Karnataka High Court's judgment dated 11.01.2008 in W.P. 8340/2006. The appellants, B.K. Ravi...

Supreme Court

Supreme Court Dismisses Appeal in Urban Land Ceiling Case — Possession Validly Taken Under Section 10(5) of ULC Act Before Repeal. Application Under Section 21 Was Barred by Limitation, and Repeal Did Not Affect Lands Where Possession Was Already Taken.

6 May 2020

The appeal arose from a dispute concerning surplus land under the Urban Land (Ceiling and Regulation) Act, 1976. The appellants, legal representatives...

Supreme Court

Supreme Court Allows Restoration of Possession in Criminal Case Under Section 456 CrPC Despite Delay. Trial Court's Original Order for Restoration Stands, Limitation Not Applicable When Order Already Passed at Conviction.

12 Feb 2019

The dispute arose from a landlord-tenant relationship where the appellant's father, Prayag Prasad Dube, obtained an eviction decree against Shankar Pr...

Supreme Court

Supreme Court Allows Municipal Corporation's Appeal Against High Court's Directions to Allot Stalls to Unauthorized Occupiers. Held that Section 314 of the Mumbai Municipal Corporation Act, 1888 empowers removal without notice of structures erected contrary to Section 312, and the High Court erred in granting relief to writ petitioners who had no legal right to occupy public land.

1 Feb 2019

The case involves appeals by the Municipal Corporation of Greater Mumbai against a Bombay High Court judgment that allowed writ petitions filed by six...

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