12 August 2019


Search Results for Tag : Possession

Judgments

Effect of Enactment can be determined by Competent Court only when approached by owner in accordance with law(03.01.2017)

Prayer in present writ petition is for an order restraining Respondent No. 1 from making any encroachment on Petitioner’s colony and from dispossessin.....

Tags : Encroachment, Dispossession, Validity

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Article 134 of Limitation Act, 1963 applicable “when sale becomes absolute” and not when sale was confirmed(11.01.2017)

Instant appeal arises out of order passed by High Court of Kerala allowing revision and thereby dismissing application filed by Appellant under Order .....

Tags : Sale, Possession, Delivery, Limitation

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Person holding premises gratuitously or as caretaker or servant would not acquire any interest in property even by long possession(06.01.2017)

Instant appeal challenges judgment passed by High Court of Bombay setting aside Order passed by Bombay City Civil Court. Said Notice of Motion was dis.....

Tags : Property, Possession, Caretaker, Interest

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Making of construction by spending of moneys would not make Appellant anything more than a licensee(01.05.2017)

Present Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed by Defendant in suit impugning concurrent judgments of.....

Tags : Property, Possession, Will

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Parties to the suit cannot travel beyond the pleadings; Court cannot record any finding on issues which are not part of pleadings(20.11.2017)

The Appellant is the Plaintiff whereas the Respondent is the Defendant in the civil suit out of which this appeal arises. The dispute involved in the .....

Tags : Possession, Shop, Encroachment

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Unless possession of a party is adverse to rights of real owners, plea of adverse possession should not be accepted(18.12.2017)

Appeal arises against the judgment and decree passed in Additional District Court. The Plaintiffs filed the suit for declaration, for recovery of poss.....

Tags : Title, Adverse possession, Rights

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Complaint cannot barred by limitation, where there is case of continuing cause of action(10.01.2018)

Instant first appeal has been filed under Section 19, read with Section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order, pas.....

Tags : Complaint, Maintainability, Possession

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No party has any vested right in the forum(05.02.2018)

Present revision application challenges the judgment made by the District Judge, (Appeal Court) allowing Civil Appeal instituted by Respondent Nos. 1A.....

Tags : Possession, Restoration, Bonafide need

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A party claiming adverse possession must prove that, his possession is peaceful, open and continuous(01.02.2018)

In instant case, Defendant No. 2 is the Appellant against a confirming judgment. Plaintiff-respondent No. 3 instituted the suit for declaration of tit.....

Tags : Adverse Possession, Title, Right

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Whenever money has been received by a party and when its refund is ordered, right to get interest follows, as a matter of course(25.04.2018)

In facts of present case, the complainant purchased plot in Central Greens, Sector 105 and the total sale price of the plot, in question, was fixed at.....

Tags : Plot, Possession, Deficiency, Compensation

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Once opposite parties were put in possession, then same will remain in possession over the land regarding which, decree has been executed(10.05.2018)

In facts of present case, an objection under Section 9 of the U.P. Consolidation of Holdings Act, 1953, was filed by the opposite parties, claiming ex.....

Tags : Land, Possession, Decree

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Without making a prayer for permanent injunction in plaint, no temporary injunction can be granted(05.06.2018)

By filing Review Petition, the Petitioners have prayed for review of the said order dated 15th September, 2017. In the review application, the Petitio.....

Tags : Possession, Injunction, Grant

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Unlawful possession of public property without having paid for same tantamounts to unjust enrichment(23.10.2018)

Present appeal is directed against order passed by the High Court wherein without issuance of notice to the Ghaziabad Development Authority ("GDA") an.....

Tags : Unlawful possession, Eviction, Grant

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A person cannot be punished twice for the same offence(24.10.2018)

The instant criminal appeal under Section 374 (2) of Code of Criminal Procedure, 1973 (CrPC) has been preferred by the Appellants, challenging the jud.....

Tags : Counterfeit currency, Possession, Conviction, Legality

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Executing court cannot go beyond the decree.(12.12.2018)

In instant matter, the Complainant purchased a shop. The said building including the said shop of the Complainant was re-developed by the Housing Soci.....

Tags : Shop, Possession, Direction

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Courts should render all aid to the aggrieved party to enable him to derive the full benefits of the order(28.07.2015)

The High Court held that the jurisdiction of the Civil Court did not need to be invoked in order to enforce its order. In a matter where Deccan Chroni.....

Tags : sarfaesi, police, enforce, order, possession

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How long can builders keep paying compensation(11.05.2016)

The National Consumer Disputes Redressal Commission passed yet another order against a property developer for its prolonged failure to deliver possess.....

Tags : property developer, possession, delay, compensation

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Public property cannot be disposed of in favour of any one without adequate consideration(01.08.2016)

Instant public interest litigation filed raising a significant issue pertaining to government bungalows occupied by former Chief Ministers of the Stat.....

Tags : Government bungalows, Possession

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A person approaching Court for redressal of grievance must place all relevant facts before Court clearly without any reservation even if those facts were against him(29.03.2019)

In Complaint case, it was stated that, Appellant/Complainant booked two units in Block-C in Commercial Complex project named "Conscient One" which was.....

Tags : Execution, Agreement, Possession, delivery

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News

Adverse Possession Plea can be Sustained Only When Possession is in Denial of True Owners' Title: SC(29.04.2019)

Supreme Court has observed that mere continuous possession howsoever long it may have been qua its true owner is not enough to sustain the plea of adv.....

Tags : Supreme Court, Adverse Possession

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All HC: Gov Can’t Take Possession of Land of Citizens Without Acquisition or Giving Any Compensation(17.05.2019)

Allahabad High Court has reprimanded the State Government for the "unsound" practice of taking possession of private land without an acquisition or gi.....

Tags : All HC, Possession

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Supreme Court: House Delayed, Buyer Cannot be Compelled to Take Possession(05.08.2019)

Supreme Court has observed that a builder cannot “impose” upon a buyer to take possession of a ready house if it is delayed, and the customer is justi.....

Tags : Supreme Court, Possession

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Worshipper can't Maintain Suit for Recovery of Possession of Temple Property: Kerala HC(07.01.2019)

Kerala High Court has allowed a second appeal on principle that a worshipper cannot maintain a suit for recover of possession of property dedicated to.....

Tags : Kerala High Court, Recovery of Possession of Temple Property

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Casual Act of Possession Over Property Doesn't Confer Possessory Title: SC(30.01.2019)

Supreme Court has observed that a casual act of possession does not have the effect of interrupting the possession of the rightful owner.

Tags : Supreme Court, Casual Act of Possession

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PROPERTY - Buyer can't be Required to Wait Indefinitely for Possession: SC(29.03.2019)

Supreme Court has said that a buyer cannot be required to wait indefinitely for possession and also affirmed Consumer Commission order directing the d.....

Tags : Supreme Court, Possession of property

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International Cases

Seriousness of offence must be determined by taking into account statutory penalty for offence, circumstances of commission of the offence, any aggravating factors and mitigating factors(01.07.2019)

In present case, the Appellant attempted to possess a prohibited drug, namely cocaine, with intent to sell or supply it to another. On 17 December 201.....

Tags : Possession, Prohibited drug, Sentence, Legality

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Top Story

Possession of old 500 & 1000 rupee notes set to become illegal(29.12.2016)

The Central Government Cabinet had approved an ordinance in respect of possession of old notes as a penal offence. The Cabinet has approved promulgati.....

Tags : Notes, Possession, Legality

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Possession of old 500 & 1000 rupee notes set to become illegal(29.12.2016)

The Central Government Cabinet had approved an ordinance in respect of possession of old notes as a penal offence. The Cabinet has approved promulgati.....

Tags : Notes, Possession, Legality

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Blast from the Past

Wide berth for government to secure extradition(10.01.1969)

Enactment of the Extradition Act 1962 does not prohibit the Indian government from securing extradition of an offender through diplomatic channels.

Tags : extradition, notified country, british possession, diplomatic channels

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