Search Results for "delivery of possession"

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Search Results for "delivery of possession"

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Supreme Court

Supreme Court Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

Supreme Court

Supreme Court Upholds Consumer Commission's Compensation Award Against Builder for Delayed Possession in Housing Project. Builder's 'Endeavour' Clause Interpreted as Requiring Reasonable Efforts, and Contractual Compensation Rate Held Unfair Under Consumer Protection Act, 1986.

8 Mar 2021

The dispute arose from a delayed housing project where the builder, NBCC (India) Limited, failed to hand over possession of a residential unit to the ...

Supreme Court

Supreme Court Partially Allows Specific Performance of Sale Agreement Despite Prior Oral Agreement - Vendor's Breach and Bona Fide Purchaser Protection. The court upheld the concurrent findings that the subsequent vendee is entitled to specific performance only of the portion not covered by a prior registered sale deed in favour of a bona fide purchaser without notice under the Specific Relief Act, 1963.

18 Sep 2020

The case involves a dispute over the specific performance of an agreement for sale of land. The Vendor, B. Santoshamma, purchased 300 sq. yards of lan...

Supreme Court

Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

27 Aug 2020

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

Supreme Court

Supreme Court Allows Plaintiff's Claim for Possession in Property Dispute Based on Title and Rejects Adverse Possession Defense. Licensee's Possession Cannot Be Converted into Adverse Possession Without Clear Evidence of Ouster.

26 Aug 2020

The dispute pertained to a suit property in Bangalore. The original plaintiff, A. Krishnappa, claimed ownership of the property as joint family proper...

Supreme Court

Supreme Court Upholds High Court in Capital Gains Tax Case — Accrual Occurs on Date of Award, Not Notification. Transfer of Capital Asset Under Section 45 of Income-tax Act, 1961 Is Complete Only When Compensation Is Determined by Collector's Award, Even if Possession Taken Earlier.

25 Aug 2020

The case concerns the assessment year 1971-1972 for the assessee Amrik Singh HUF, whose land was acquired by the Haryana Government for a college play...

Supreme Court

Supreme Court Allows Joint Consumer Complaint by Flat Buyers Under Section 12(1)(c) of Consumer Protection Act, 1986 — Common Grievance Sufficient Despite Different Dates, Costs, and Sizes. NCDRC's Dismissal Set Aside, Matter Remitted for Fresh Consideration.

24 Aug 2020

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 19 February 2016, which dismissed a consumer compl...

Supreme Court

Supreme Court Allows Appeals of Flat Buyers Against Developer for Delayed Possession, Holds Unilateral Compensation Clause Unfair. Developer's stipulation of Rs 5 per sq ft per month as liquidated damages for delay held inadequate and unconscionable; flat buyers entitled to compensation at 6% per annum on amounts paid.

24 Aug 2020

The case involves appeals by 171 flat buyers against the dismissal of their consumer complaint by the National Consumer Disputes Redressal Commission ...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over Auction Sale — Upholds High Court's Finding That Auction Purchaser Was Real Owner, Not a Benami Front. The court held that the plaintiffs failed to prove that the auction purchaser was a benami for the original owner, and the suit was barred under Section 66(1) of the Code of Civil Procedure, 1908.

17 Mar 2020

The plaintiffs, wife and legal heirs of Govindasamy, filed a suit to set aside an auction sale of 1955 and seek possession of the suit property. The s...

Supreme Court

Supreme Court Remits Stamp Duty Objection on Power of Attorney to Trial Court for Factual Determination. Objection regarding insufficient stamp duty on power of attorney treated as conveyance under Orissa Stamp Act requires factual finding on delivery of possession, to be decided after evidence.

14 Feb 2020

The Supreme Court disposed of an appeal against an order of the Orissa High Court which had dismissed the appellants' petition under Article 227 of th...

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