Immovable Property Archives

unregistered agreement to sell as evidence

Unregistered agreement to sell an admissible evidence in a suit for specific performance; Supreme Court upholds Madras High Court Judgment

Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.

Experts Corner Siddharth R Gupta

Landmark Judgments on Banking Laws by the SC and HC’s in 2022 (RDDB, SARFAESI, RBI, BRA Enactments) Part II

by Siddharth R. Gupta† and Prakriti††
Cite as: 2023 SCC OnLine Blog Exp 29

Appellate Authority for Advance Ruling (Maharashtra)

Advance Rulings Case Briefs

Providing medical education and health care services through a hospital amount to business; Maharashtra Appellate Authority for Advance Ruling upholds

The service of medical education falls under the category of “educational institution” as defined under the GST law, and accordingly, it was held that the medical education services provided by the appellant to the students will attract nil rate of GST. Further, as the appellant’s hospital is engaged in providing diagnosis and treatment of the patients, hence, their services can be termed as “health care services”, and accordingly held that the said services will be exempt from the payment of GST.

Case Briefs Supreme Court

Explained| Party willing to pay but has no funds: Will it amount to readiness and willingness for specific performance of a contract?

Supreme Court: In a suit for specific performance the Division Bench of Indira Banerjee* and Hrishikesh Roy, JJ., explained the

Case Briefs Supreme Court

Person being the highest bidder deposits sale amount for auction property and obtains injunction against Municipality; SC declares the sale non-est for lacking government sanction

Supreme Court: The Division Bench comprising of Hemant Gupta* and V. Ramasubramanian, JJ., reversed concurrent findings of Trial Court and Punjab and

Case Briefs High Courts

Whether a natural guardian having executed sale-deed of property of a minor in favour of a third party and thereafter repurchased part of it, can be prosecuted for offences under Ss. 420, 467, 468, 471 of IPC that too, after more than 35 years from date of attaining majority by minor? Bom HC discusses

Bombay High Court: The Division Bench of V.M. Deshpande and Amit Borkar, JJ., expressed that a transaction by a natural guardian of

Case Briefs Supreme Court

Explained| Is a suit for injunction maintainable where the plaintiff’s title is in dispute?

Supreme Court: The bench of L. Nageswara Rao and BR Gavai, JJ has, in two judgments, has held that where the plaintiff’s

Case Briefs High Courts

Kar HC | Immovable property which is compulsorily registrable under S. 49 of Indian Registration Act, 1908 may be taken as evidence for the purpose of collateral transaction

Karnataka High Court: Hemant Chandangoudar, J. allowed the petition and quashed the impugned order. The facts of the case are such that

Case Briefs Supreme Court

Can foreigners transfer/dispose of immovable property situated in India by sale or mortgage without RBI’s prior permission? SC explains the true import of Section 31 of FERA, 1973

“Merely because no provision in the Act makes the transaction void or says that no title in the property passes to the purchaser in case there is contravention of the provisions of Section 31, will be of no avail. That does not validate the transfer referred to in Section 31, which is not backed by “previous” permission of the RBI.”

Case Briefs High Courts

Chh HC | Whether transfer/sale of Abadi land is complete without delivery of possession of the land along with superstructure in favour of the purchaser? HC decides

Chattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | No service tax can be levied in absence of either consideration or a service; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta, J. (President) and C.L. Mahar (Technical Member) allowed an

Case Briefs Supreme Court

Is right to pre-emption a recurring right or exercisable only the first time? SC answers

Supreme Court analyses whether the right of pre-emption can be enforced for an indefinite number of transactions or it is exercisable only the first time.

Case Briefs High Courts

Jhar HC | Power of police officer under S. 102 of CrPC to seize property does not include the power to attach, seize and seal an immovable property

Jharkhand High Court: Rajesh Shankar, J., disposed off the petition directing the respondents to remove the seal of the hotel premises and

Case Briefs Supreme Court

Section 102 CrPC doesn’t empower police to attach, seize and seal an immovable property

Supreme Court: The 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Sanjiv Khanna, JJ has held that the power of

Case Briefs High Courts

Raj HC | Court grants parole without surety to convict-petitioner due to poor family financial conditions

Rajasthan High Court: A Division Bench of Sandeep Mehta and Abhay Chaturvedi, JJ. accepted a writ petition for parole and directed the

Case Briefs High Courts

MP HC | In absence of any offence punishable under Companies Act, Special Court doesn’t have jurisdiction to try the case which is punishable under IPC

Madhya Pradesh High Court: S.K. Awasthi, J. dismissed the petition on the ground that trial court and not Special Court are competent

Case Briefs High Courts

Civil disputes between private parties relating to possession and title of immovable property not amenable to the writ jurisdiction

Jammu and Kashmir High Court: A Single Judge Bench of Sanjeev Kumar, J., dismissed this writ petition, claiming relief by private parties,

Case Briefs High Courts

Revenue Courts must not adjudicate rights pertaining to immovable property once the lis in relation thereto is seized of by a civil court: Karnataka HC

Karnataka High Court: A Single Judge Bench comprising of G. Narendar, J. hearing a civil writ petition set aside the order of

Case Briefs High Courts

Possession of immovable property on date of dispossession is sine qua non for relief under Section 6 of Specific Relief Act; investigation into title irrelevant

Calcutta High Court: A Single Judge Bench comprising of Biswajit Basu, J. dismissed a civil revision pertaining to grant of relief under