Search Results for "condition prohibiting alienation"

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Search Results for "condition prohibiting alienation"

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High Court

Madras High Court Upholds Specific Performance Decree in Housing Board Flat Sale Agreement — Agreement Holder Entitled to Enforce Contract Despite Non-Joinder of Legal Heirs as Parties. The court held that the suit for specific performance is maintainable as the estate of the deceased defendant is sufficiently represented by the other defendants who were parties to the agreement.

7 Jan 2026

The appeal arises from a suit for specific performance of an agreement of sale dated 23.06.1983 filed by the 1st respondent/plaintiff against defendan...

Supreme Court

Supreme Court Allows Mother to Sell Minor Son's Property for Development Under Section 8 of Hindu Minority and Guardianship Act, 1956 — Benefit to Minor Must Be Demonstrated. The court held that redevelopment providing a flat and monetary consideration constitutes benefit to the minor under Section 8 of the Hindu Minority and Guardianship Act, 1956.

1 Jan 2026

The appellant, Shephali Chakraborty, as the natural guardian of her minor son Master Basab Chakraborty, sought permission from the District Judge, Dar...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal.

24 Mar 2025

The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions ...

High Court

High Court of Karnataka Quashes Tahsildar's Endorsement Rejecting Mutation of Land Granted Under Ashraya Scheme — Co-operative Bank's Mortgage Rights Protected. The Court held that the condition prohibiting alienation for 25 years under the Karnataka Land Grant Rules, 1969 does not bar creation of a mortgage in favour of a co-operative bank for obtaining a housing loan.

5 Nov 2024

The petitioner, South Canara District Central Co-operative Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India ch...

Supreme Court

"Supreme Court Clarifies Legislative Competence on Alcohol Regulation: Potable vs Industrial Alcohol" "A landmark judgment addressing the scope of State and Union powers on regulating alcohol under the Indian Constitution."

23 Oct 2024

The Supreme Court of India revisited the legislative competence concerning the regulation of alcohol under the Constitution. The court examined whethe...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

High Court

High Court of Karnataka Dismisses Appeal in Land Grant Dispute — Upholds Single Judge's Order Setting Aside Alienation of Granted Land. Transfer of land granted to a member of Scheduled Caste without prior permission of the Government is void under Section 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

26 Feb 2021

The case pertains to a land grant made to Smt. Chowdamma, a member of the Scheduled Caste, under an Official Memorandum dated 18.1.1979. The land was ...

High Court

High Court of Karnataka Allows Appeal in SC/ST Land Restoration Case — Grant Condition Prohibiting Alienation Forever Not Void. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 applies to grants made before its commencement if the grant contained a condition prohibiting alienation forever.

6 Nov 2019

The appellant and the sixth respondent, claiming to be legal representatives of the original grantee Thimmappa @ Thimmaiah, filed proceedings under Se...

Supreme Court

Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

20 Aug 2019

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Land Resumption Under SC/ST (PTCL) Act — Petitioner Failed to Prove Violation of Grant Conditions. Burden of proof on applicant to show transfer in contravention of grant terms; concurrent findings of fact not interfered with under Articles 226 and 227 of the Constitution.

18 Sep 2017

The petitioner, Sri T. A. Darmalingam, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 17.08...

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