Search Results for "actual possession"

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Search Results for "actual possession"

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Supreme Court

Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

6 Dec 2021

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

Supreme Court

Supreme Court Dismisses Appeal in Ejectment Case Under Punjab Security of Land Tenures Act, 1953. Civil Suit Not Barred Under Section 25 as Revenue Court Order Was Without Jurisdiction Due to Absence of Landlord-Tenant Relationship and Invalid Sale of Trust Property.

17 Nov 2021

The Supreme Court of India heard a civil appeal arising from a dispute over ejectment of a tenant from agricultural land. The appellants, claiming to ...

Supreme Court

Supreme Court Allows Landlord's Appeal in Eviction Dispute Under Chennai City Tenants Protection Act, 1921. The Court held that a writ petition under Article 226 of the Constitution is maintainable for eviction when no disputed facts exist, and tenants lose protection under the Act if not in actual physical possession of the building.

11 Nov 2021

The dispute arose from a lease agreement for property in Chennai, initially granted in 1960 and renewed until 31 December 2009. The appellant, the lan...

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 Allows Appeal in Civil Suit Challenging Tenancy Proceedings, Remands for Trial on Limitation and Jurisdiction. Plaint Rejection Under Order VII Rule 11(d) CPC Set Aside as Limitation and Civil Court Bar Under Section 85 of Maharashtra Tenancy and Agricultural Lands Act, 1948 Are Triable Issues Requiring Evidence.

17 Sep 2021

The dispute originated from a civil suit filed in 1987 by 13 plaintiffs claiming to be legal representatives of Haji Ali Mohammed Hajee Kassam Agboatw...

Supreme Court

Supreme Court Quashes Insolvency Petition Under IBC Due to Absence of Operational Debt. Claim for Payment Made Under Subcontracting Arrangement Does Not Constitute Operational Debt Under Section 5(21) of Insolvency and Bankruptcy Code, 2016, as It Was Not for Goods or Services Provided by Corporate Debtor to Creditor.

10 Aug 2021

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, concerning a sugar project in Sudan financed through a Line of Credit ...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

Supreme Court

Supreme Court Allows Appeal in Land Auction Dispute, Reversing High Court's Declaration of Auction as Null and Void. Dispute Involved Title to Land Under Urban Land (Ceiling and Regulation) Act, 1976 and Validity of Auction by Development Authority, with Trial Court Upholding Auction and High Court Overturning It.

5 Aug 2021

The appeal arose from a judgment of the High Court of Judicature at Allahabad, which allowed a first appeal under Section 96 of the Code of Civil Proc...

Supreme Court

Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

3 Nov 2020

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

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...

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