possession Archives

Section 51 of the Transfer of Property Act applies on transferee who makes improvements in good faith on a property, believing himself to be its absolute owner: Supreme Court

Supreme Court upheld the Himachal Pradesh High Court’s order holding the respondent as the owner of the encroached land, as an encroacher cannot claim benefit of Section 51 of the Transfer of Property Act, 1882.

Case Briefs Supreme Court

Defendants cannot be dispossessed unless the plaintiff has established a better title and rights over the property, Supreme Court reiterates

The Supreme Court observed that the defendants, being in possession, would be entitled to protect and save their possession, unless the person who seeks to dispossess them has a better legal right in the form of ownership or entitlement to possession.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Service tax not payable for ‘deemed sales’; CESTAT sets aside the order passed by the Commissioner LTU, Delhi

The supply of ISO Tankers on lease/rental basis by foreign suppliers to the appellant would amount to a ‘deemed sale’ under Article 366(29A) of the Constitution as the appellant throughout had effective control and possession over the ISO Tankers.

Case Briefs High Courts

Electricity is an integral part of Right to Life; Punjab & Haryana High Court directs to restore electricity connection till final disposal

Punjab and Haryana High Court held that even if the lease has expired the electricity cannot be cut off to the petitioner while he is in possession of the suit property.

Case Briefs Supreme Court

Property exclusively in the possession of a person whether to be considered joint family property?: Supreme Court answers

Supreme Court: In a case where an appeal was filed against the decree of the trial Judge holding that the

Case Briefs Supreme Court

Supreme Court| Suit for damages concerning balance land cannot be barred by Section 34 of SARFAESI Act

Supreme Court: In an appeal against the judgment passed by the Kerala High Court, wherein it has set aside the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Offer of possession of apartments without the amenities promised and arbitrary deduction of earnest money; Read to know whether NCDRC found Mahindra Homes liable for deficient service?

National Consumer Disputes Redressal Commission (NCDRC): The Bench of S.M. Kanitkar (Presiding Member) and Binoy Kumar (Member) while deliberating upon

Case Briefs High Courts

Chhattisgarh High Court remands suit back to the Trial Court; Observes suit is not barred by Res Judicata and must be decided on merits

Chhattisgarh High Court: In an appeal against the decision of Trial Court of dismissing the suit mainly on the ground that the

Legislation Updates Rules & Regulations

Norms for non-transport vehicle registered in other countries, notified vide Motor Vehicles Non Transport Vehicles Visiting India Rules, 2022

On 02-09-2022, the Central Government has notified Motor Vehicles Non Transport Vehicles Visiting India Rules, 2022. The Rule provides that a non-transport

Case Briefs High Courts

Possession of joint land by one co-owner valid in absence of proof showing disagreement between other co-owners; Punjab & Haryana High Court reiterates

Punjab and Haryana High Court: Manjari Nehru Kaul, J., while dealing with a revision petition for setting aside the order passed by

Case Briefs High Courts

Punjab and Haryana High Court | Co-owners of the joint property cannot prevent each other from using the property; appeal dismissed

Punjab and Haryana High Court: Alka Sarin, J., while dismissing the appeal preferred by the plaintiff against the judgments passed

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Homebuyer invests his hard-earned money to get legal possession of flat, yet gets subjected to a 6-year delay: Read how NCDRC provided relief to consumer

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): While addressing a case wherein there was a delay of 6 years in handing

Case Briefs High Courts

Son ousted benighted widowed mother, deprived her right to “live a normal life” apart from maintaining and supporting her livelihood: Bom HC

Bombay High Court: G.S. Kulkarni, J., while addressing another unfortunate case concerning a mother who was ousted from the tenement she owned

Case Briefs High Courts

Daughter-in-law claims right of residence in late husband’s mothers’ property under the head ‘Shared Household’: Mother-in-law approaches Del HC seeking eviction of daughter-in-law | Read what HC says

Delhi High Court: Explaining the significance of ‘shared household’ Asha Menon, J., explained that where a residence is clearly a shared household,

Case Briefs Supreme Court

Explained| Does Chennai City Tenants Protection Act, 1921 protects tenants who have sub-let or given the building to third parties?

Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has reiterated the position that the tenants would not be

Experts Corner Kapil Madan

Procedural Compliances in relation to Search, Seizure and Arrest under NDPS Act, 1985

by Kapil Madan†, Gurmukh Singh Arora†† and Pulkit Pandey†††
Cite as: 2021 SCC OnLine Blog Exp 70

Case Briefs Supreme Court

Will long possession of a property by a caretaker/servant entitle him to acquire an interest in property? SC decides

Supreme Court: Holding that caretaker/servant can never acquire interest in the property irrespective of his long possession, Bench of Ajay Rastogi and

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Builder unilaterally, high-handedly cancels sale agreement on not handing over timely possession: Commission decides builder-buyer dispute, levies interest to be paid by builder

National Consumer Disputes Redressal Commission (NCDRC): Coram of C. Viswanath (Presiding Member) and Justice Ram Surat Ram Maurya (Member) decided an issue

Case Briefs High Courts

Del HC | “Court has to cut through the web of pleas spun in the written statement”. When should a decree on admissions be passed in a property dispute? Read how the Court refused to allow abuse of its process

Delhi High Court: Rajiv Sahai Endlaw, J., passed a decree for recovery of possession in favour of the plaintiffs without a trial,

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Developer to refund principal amount of 3.4 Crores along with 9% interest in view of 4 years delay of giving apartment’s possession

National Consumer Disputes Redressal Commission (NCDRC): A Division bench of Justice R.K. Agrawal (President) and S.M. Kanitkar (Member) directed the developer to refund