Search Results for "actual possession"

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Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case — Insurance Company Held Liable Despite Bus Being Under Corporation's Control. The Court distinguished earlier precedent and held that under the Motor Vehicles Act, 1988, the insurance company is liable to pay compensation even when the vehicle is under the control of a state transport corporation.

1 Jan 2020

The appeal arose from a motor accident claim where a 45-year-old cyclist was killed after being hit by a bus on 16.08.2001. The bus was owned by a pri...

Supreme Court

Supreme Court Allows Flat Purchasers' Appeal in Consumer Dispute Against Developer for Delayed Possession — Interest Extended Until Actual Possession. The Court held that the developer cannot avoid liability for interest by denying possession due to the filing of a consumer complaint, and the contractual compensation rate was inadequate under the Consumer Protection Act, 1986.

11 Feb 2019

The case involves a consumer dispute between flat purchasers and a developer, Mantri Castles Pvt. Ltd., regarding delayed possession of flats in Banga...

Supreme Court

Supreme Court Allows Flat Purchasers' Appeal in Consumer Dispute Against Developer for Delayed Possession — Interest Extended Until Actual Possession. The court held that the NCDRC's limitation of interest to 31 July 2016 was unjustified as many purchasers had not received possession, and the contractual compensation rate was inadequate under the Consumer Protection Act, 1986.

11 Feb 2019

The Supreme Court of India heard two sets of appeals against an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 8 June 2018...

Supreme Court

Supreme Court Allows Landlord's Appeal in Permanent Injunction Suit — Tenant Fails to Prove Actual Possession Under Section 38 of Specific Relief Act, 1963. The Court held that possession cannot be inferred from circumstances and absence of business licences and electricity connection negates claim of possession.

6 Feb 2019

The Supreme Court allowed the appeal filed by the appellant-landlord against the judgment of the Bombay High Court which had affirmed the First Appell...

Supreme Court

Supreme Court Dismisses Appeal in Land Dispute Over Escheated Property, Upholds High Court's Reversal of Injunction. Patwari's Unauthorized Entry Cannot Confer Sirdari Rights Under Kumaon and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960.

5 Feb 2019

The dispute concerns agricultural land in Village Gyansu, District Uttar Kashi, originally owned by Badri Aswal and his wife Tulsa Devi, who died with...

Supreme Court

Supreme Court Allows Appeal in Section 6 Specific Relief Act Suit — High Court's Revision Under Section 115 CPC Set Aside for Exceeding Jurisdiction. Revisional Power Cannot Be Used to Correct Errors of Fact or Law in Interlocutory Orders.

4 Feb 2019

The dispute arose from a civil suit filed by Respondent No.1 (Shashi Verma) under Section 6 of the Specific Relief Act, 1963, seeking declaration of w...

Supreme Court

Supreme Court Dismisses Appeal Against Review Order in Urban Land Ceiling Case — No Error Apparent on Record. Review Jurisdiction Under Order 47 Rule 1 CPC Cannot Be Used to Re-Examine Factual Findings Like an Appellate Court.

1 Feb 2019

The appeal arose from a review order passed by the Allahabad High Court dismissing a review application filed by the original appellant, Asharfi Devi ...

Supreme Court

Supreme Court Dismisses Cooperative Society's Appeals Challenging Sale Deeds Executed in Favor of Members. Arbitrator under Delhi Cooperative Societies Act lacks jurisdiction to adjudicate validity of registered sale deeds, which can only be challenged before civil court.

30 Jan 2019

The Supreme Court dismissed the appeals filed by Delhi Dayalbagh Cooperative House Building Society Ltd. against the orders of the Delhi High Court, w...

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...

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