Search Results for "Restoration of Possession"

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Search Results for "Restoration of Possession"

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Supreme Court

Supreme Court Allows Appeal in Gift Deed Condition Case — Sale Deeds Void Due to Restraint on Alienation. Condition in Gift Deed That Donee Cannot Alienate Property Is Valid and Binding, Making Subsequent Sales Void.

11 Feb 2020

The appeal arose from a suit filed by the plaintiffs, sons of defendant No.1, seeking declaration of ownership and to set aside sale deeds executed by...

Supreme Court

Supreme Court Allows Appeal in Registration Act Case — Compromise Decree Not Requiring Registration. Compromise decree relating to suit property does not require registration under Section 17(2)(vi) of Registration Act, 1908.

31 Jan 2020

The appeal arose from a judgment of the High Court of Madhya Pradesh at Indore Bench dated 13.02.2017, which dismissed the appellants' writ petition c...

Supreme Court

Supreme Court Disposes of Land Dispute Through Compromise - Parties Agree to Division of Agricultural Land Among Mortgagees, Original Owners, and Purchasers. The Court upheld the compromise dividing the suit land as per the Memo of Compromise, directing mutation and registration.

2 Dec 2019

The appeal arose from a judgment of the Bombay High Court at Aurangabad Bench dated 13.01.2005 in Writ Petition No.1389 of 1989. The dispute concerned...

Supreme Court

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.

21 Oct 2019

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...

Supreme Court

Supreme Court Dismisses Appeal Against High Court Order for Restitution of Possession in Temple Property Dispute. Section 144 CPC Not Attracted as Possession Was Under Interim Order, Not Decree; Court Has Inherent Power to Restore Status Quo Ante.

17 Oct 2019

The appeal arose from a long-standing property dispute concerning temples and shops in Jaipur. The original plaintiff, Bansidhar Sharma (since decease...

Supreme Court

Supreme Court Sets Aside Impounding of Unstamped Agreement in Specific Performance Suit Pending for 29 Years — Refund of Stamp Duty on Cancelled Conveyance Permitted. The court held that impounding under Section 35 of Indian Stamp Act, 1899 is discretionary and would be unjust where appellant had already paid stamp duty on a conveyance that was cancelled due to setting aside of consent decree.

4 Oct 2019

The case arises from a dispute over a tea estate. The appellant, M/s Terai Tea Company Limited, entered into an agreement to sell dated 15th January 1...

Supreme Court

Supreme Court Allows Appeal in Adverse Possession Dispute Over 70-Year-Old Land Title Conflict. The Court held that the appellant had perfected title by adverse possession despite not being the true owner, based on continuous possession from 1963 to 1981 as shown in revenue records.

26 Sep 2019

The dispute originated from a 1942 purchase of suit properties by Krishnamurthy S. Setlur (KS) through his general power of attorney, H.R. Narayana Iy...

Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

11 Sep 2019

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

Supreme Court

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.

9 Aug 2019

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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