Search Results for "Void Alienation"

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Supreme Court Allows Improvement Trust's Appeal Against High Court Direction to Allot Plot Under Discretionary Quota. Government's Discretionary Quota Allotment Under Rule 4 of Punjab Town Improvement Rules, 1983 Cannot Be Enforced by Writ Court Against Improvement Trust.

The case involves an appeal by the Improvement Trust, Ropar, against a High Court of Punjab & Haryana order directing it to allot a plot under the dis...

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Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

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Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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Supreme Court Dismisses Appeal in Property Dispute, Upholds Concurrent Findings of Courts Below. Sale by Karta for Legal Necessity Binding on All Family Members Including Sisters.

The appeal arose from a property dispute concerning 'Moti Building' in Jalna, consisting of four houses. The original plaintiffs, sisters of defendant...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Supreme Court Allows Appeal in Karnataka Land Reforms Case — Testamentary Succession of Tenancy Rights Upheld. Civil Court Findings on Tenancy and Succession Are Binding on Land Tribunal Under Section 48-A of the Karnataka Land Reforms Act, 1961.

The case involves a long-standing dispute over agricultural land in Bilagi Village, Karnataka, spanning over half a century. The appellant, Kanna Timm...

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Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...

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Supreme Court Upholds Section 13-B of East Punjab Urban Rent Restriction Act, 1949 for NRI Landlords in Chandigarh and Punjab. Constitutional validity of provision granting immediate possession to Non-Resident Indians upheld as reasonable classification under Article 14.

The appeals were filed by tenants challenging the constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, which g...

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Supreme Court Declares Section 13(2) of Chhattisgarh Rent Control Act, 2011 Ultra Vires for Lack of Legislative Competence. State Legislature Cannot Confer Direct Appellate Jurisdiction on Supreme Court; Provision Invalid.

The case arose from an appeal filed under Section 13(2) of the Chhattisgarh Rent Control Act, 2011, against an eviction order passed by the Rent Contr...

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Supreme Court Strikes Down Section 13(2) of Chhattisgarh Rent Control Act as Ultra Vires — State Legislature Cannot Confer Direct Appeal to Supreme Court. The provision bypassing High Court jurisdiction is invalid for lack of legislative competence under the Constitution.

The Supreme Court considered the validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provided for a direct appeal to the Supre...