Search Results for "immovable property"

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Search Results for "immovable property"

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Supreme Court

Supreme Court Dismisses Appeal in Partition Suit for Clubbing Properties in Different Jurisdictions. Section 17 CPC Does Not Permit a Single Suit for Separate Immovable Properties Situated in Different States.

6 Feb 2019

The appeal arose from a civil suit filed by the appellant (plaintiff) seeking declaration that two properties—one in Indore, Madhya Pradesh, and ano...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Limitation for Voidable Alienations by Guardian. Suit for Declaration and Possession Without Seeking Setting Aside of Sale Deeds Held Maintainable Under Article 65 of Limitation Act, 1963.

1 Feb 2019

The case involves a property dispute arising from a Will executed by Petha Gounder on 17.05.1971, bequeathing a life interest to his sons Kannan and B...

Supreme Court

Supreme Court Allows Appeal in Property Dispute: Transfer of Property Act Section 43 Protects Purchaser When Vendor Subsequently Acquires Title. The Court held that the doctrine of feeding the grant by estoppel under Section 43 of the Transfer of Property Act, 1882, applies when a vendor sells land without title at the time of sale but later acquires title, and the purchaser is entitled to the benefit of the subsequently acquired interest.

1 Feb 2019

The appellant, Tanu Ram Bora, purchased suit land by a registered sale deed dated 06.01.1990 from Pranab Kumar Bora, husband of defendant no.2 and fat...

Supreme Court

Supreme Court Dismisses Lessor's Appeal Against Dismissal of Counterclaim for Eviction and Rent in Lease Dispute — Presidency Small Cause Courts Act, 1882 Section 41 Bars Counterclaim in High Court Original Suit for Specific Performance.

31 Jan 2019

The Supreme Court dismissed appeals by the legal representatives of Mahadev P. Kambekar (original defendant/lessor) against the judgment of the Bombay...

Supreme Court

Supreme Court Allows State's Appeal in Pension Dispute with Institute Employees — State Not Liable for Pension Payments Under Institute's Self-Funded Scheme. Board Resolution Explicitly Stated No Separate Grant Would Be Sought from Government for Retirement Benefits.

30 Jan 2019

The present appeal arises from a dispute between the State of Bihar and employees of the Anugraha Narayan Sinha Institute of Social Studies, Patna, re...

Supreme Court

Supreme Court Dismisses Appeal in Possessory Title Suit — Plaintiff Failed to Prove Prior Possession or Better Title. Concurrent findings of First Appellate Court upheld that defendants had valid title and possession through registered sale deeds.

29 Jan 2019

The appeal arose from a suit for declaration of title and possession filed by Moti Ram (respondent) against Poona Ram (appellant) and others. The plai...

Supreme Court

Supreme Court Upholds Landlord's Eviction in Rent Control Case — Mere Agreement to Sell Does Not Terminate Tenancy. Bona Fide Need for Personal Residence Established Under Section 21(1)(a) of U.P. Urban Buildings Act, 1972.

28 Jan 2019

The case involves a landlord-tenant dispute where the respondent, Shri Ram Lal, owner of a house in Dehradun, let out a portion to the appellant, Dr. ...

Supreme Court

Supreme Court Allows Appeal Against Injunction in Electricity Transmission Line Dispute — Balance of Convenience Favours Completion of Line Subject to Compensation. The Court held that where the District Magistrate has granted permission under Section 16(1) of the Indian Telegraph Act, 1885 and 80% of the work is complete, the balance of convenience does not justify an interim injunction.

9 Jan 2019

The first respondent, IVP Limited, owned non-agricultural land in villages Vadavali and Mohane. It filed a suit for permanent injunction alleging that...

Supreme Court

Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

1 Jan 2019

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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