30 January 2023


Search Results for Tag : Property

International Cases

Injunction is available to prevent an executor distributing whole or part of a deceased estate and in such case standard principles applicable to interlocutory injunctions apply(22.01.2019)

The Plaintiff is seeking relief under the Family Provision Act 1972 (WA) from the estate of Christoniki James (the deceased). The matter is well advan.....

Tags : Property , Sale, Injunction, Grant

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Statute

Enemy Property (Amendment and Validation) Ordinance, 2016(08.01.2016)

The President has promulgated the Enemy Property (Amendment and Validation) Ordinan.....

Tags : Ordinance, Enemy property, succession

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A freezing notice for property may be issued, if there are reasonable grounds for suspecting that the property is crime-used or crime-derived(24.02.2022)

The Director of Public Prosecutions (DPP) seeks a declaration that particular property has been confiscated. The property was the subject of a freezin.....

Tags : Property, Confiscation, Declaration

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Freezing notice must be served on any person from whom the property covered by the notice was taken(05.05.2022)

The Director of Public Prosecutions (DPP) seeks a declaration that particular property has been confiscated. The property was the subject of a freezin.....

Tags : Declaration, Property, Confiscation

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Top Story

Claiming time of essence in property sale? Prove it!(16.02.2016)

Bangalore High Court set a high threshold for claims that time was of the essence in a contract for sale of immovable property. Onus, however, was pla.....

Tags : reasonable, time of essence, immovable property, sale, income tax clearance

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Money Laundering Law Prevails Over Bankruptcy Act, Insolvency Code Rules Delhi High Court(02.04.2019)

Delhi High Court in a recent judgment observed that, Money Laundering law prevails over Bankruptcy Act and Insolvency Code, when it comes to attachmen.....

Tags : Property, Attachment, Third party rights

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A hereditament is to be valued as it in fact existed at the material day(01.03.2017)

Appellants (“SJJM”) own the freehold of first floor of a three-storey office building built in the 1990s. In past, premises were occupied by tenants a.....

Tags : Property, Valuation, Reality principle

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Notifications & Circulars

Income Tax Department steps-up actions under Prohibition of Benami Property Transactions Act : Benami properties of more than Rs. 3,500 crore in more than 900 cases attached(11.01.2018)

Due to intensive efforts undertaken by the Income Tax Department, provisional attachment has been made in more than 900 cases of properties under the .....

Tags : Actions, Benami Property, Attachment

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India, USA signs MoU on Intellectual Property cooperation(03.12.2020)

Department for Promotion of Industry and Internal Trade(DPIIT), Ministry of Commerce and Industry has signed a Memorandum of Understanding (MoU) on 2n.....

Tags : MOU, Signing of, Intellectual Property

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Acquisition/Transfer of immovable property in India by Overseas Citizen of India(29.12.2021)

A large number of queries have been received at various Offices of the Reserve Bank, based on newspaper reports on a Supreme Court Judgement, on wheth.....

Tags : Acquisition, Immovable property, Overseas Citizen

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Government releases Intellectual Property Panorama(31.03.2016)

The Indian government released a single window interface for information on Intellectual Property under the Indian Intellectual Panorama. The portal w.....

Tags : intellectual property, wipo, education

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Instructions regarding provisional attachment of property under Section 73C of the Finance Act, 1994(27.07.2016)

Recently, in a case of an assessee whose bank accounts were ordered to be attached without giving any opportunity to them, the Hon'ble Allahabad High .....

Tags : Attachment, Property, Instructions

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Judgments

Son, whether married or unmarried, has no legal right to live on self acquired house of parents(24.11.2016)

Regular Second Appeal impugns concurrent judgment of Court below whereby civil suit filed by parents of Appellants (respondent Nos.1 & 2) against thei.....

Tags : Property, Right, Evidence

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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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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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Lease of Immoveable Property cannot be considered as supply of goods or rendering a service, and cannot fall under the definition of ‘Operational Debt’(17.01.2020)

In the present case, the Appellant was the Corporate Debtor of the Respondents/ Petitioners, Lessors of industrial Premises. That tenancy of the Appel.....

Tags : Operational Debt, Immovable Property

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Genuineness of property transaction cannot be doubted merely because thumb impression was affixed instead of signature(17.08.2021)

Present appeal arises out of the judgment and order of the High Court whereby the appeal filed by the probate applicant was allowed in his favour by c.....

Tags : Genuineness, Property Transaction, Thumb Impression

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Any self-governed organization cannot be subjected to overarching state control(28.01.2022)

Present appeal by special leave is directed against the judgment of a Division Bench of the High Court, dismissing an appeal. The judgment confirmed a.....

Tags : Trust property, Sanction, Grant

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Court to not compel specific performance of contract unless the whole contract can be executed(21.08.2015)

In a case where the Defendant agreed to sell property in its entirety but it later emerged that he had only a third of the share in the property, the .....

Tags : Specific performance, sale, property, part share

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Rights of a bona fide tenant would not be automatically terminated by forfeiture of property(17.08.2017)

In present case, vide impugned order, one Krishna Budha Gawde was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention o.....

Tags : Forfeiture, Property, Tenant, Bonafide right

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CCI clears Jaypee Group of abuse amidst heavy dissent(26.10.2015)

The Competition Commission of India in a majority ruling dismissed complaints against Jaypee Group’s alleged abuse of its dominant position. It determ.....

Tags : Property, jaypee, dominant, residential, abuse, position

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SC: Cannot attach property of deceased person(04.07.2016)

The Criminal Law Amendment Ordinance, 1944 “excludes the possibility of proceedings against a dead person”, said the Supreme Court as it allowed an ap.....

Tags : misappropriation, attachment, property, deceased

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Wakf Tribunal Cannot Assume Supervisory Jurisdiction Over Wakf Boards(15.06.2018)

By way of this appeal, appellant has challenged the judgment and/or order passed by learned Single Judge of this High Court whereby the learned Judge .....

Tags : Wakf, Writ, Property, High Court

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News

PROPERTY - Minor's Property Sale by Guardian is Avoidable if Suit Filed Within Period U/A.60 Limitation Act: SC(26.02.2019)

Supreme Court has held that a sale of minor's property by guardian can be avoided only by filing a suit to set aside the deed within the period of lim.....

Tags : Supreme Court, Minor's Property Sale by Guardian

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PROPERTY - Minor's Property Sale by Guardian is Avoidable if Suit Filed Within Period U/A.60 Limitation Act: SC(26.02.2019)

Supreme Court has held that a sale of minor's property by guardian can be avoided only by filing a suit to set aside the deed within the period of lim.....

Tags : Supreme Court, Minor's Property Sale by Guardian

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PROPERTY - Minor's Property Sale by Guardian is Avoidable if Suit Filed Within Period U/A-60 Limitation Act: SC(26.02.2019)

Supreme Court has held that a sale of minor's property by guardian can be avoided only by filing a suit to set aside the deed within the period of lim.....

Tags : Supreme Court, Minor's Property Sale by Guardian

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PROPERTY - Person can’t Claim Right to a Sibling’s Self-Acquired Property(05.03.2019)

Delhi High Court has said that a person can’t claim a right to a sibling’s self-acquired property while evicting a woman from her brother’s south Delh.....

Tags : Delhi High Court, Person can’t Claim Right to a Sibling’s Self-Acquired Property.

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PROPERTY - Person can’t Claim Right to a Sibling’s Self-Acquired Property(05.03.2019)

Delhi High Court has said that a person can’t claim a right to a sibling’s self-acquired property, while evicting a woman from her brother’s south Del.....

Tags : Delhi High Court, Person can’t Claim Right to a Sibling’s Self-Acquired Property.

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PROPERTY - Person can’t Claim Right to a Sibling’s Self-Acquired Property(05.03.2019)

Delhi High Court has said that a person can’t claim a right to a sibling’s self-acquired property, while evicting a woman from her brother’s south Del.....

Tags : Delhi High Court, Person can’t Claim Right to a Sibling’s Self-Acquired Property.

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SC Says Woman's Right over Property, Given in Lieu of Maintenance Is Absolute(24.11.2015)

Supreme Court has said that a woman's right over property, given in lieu of maintenance to be enjoyed during lifetime, cannot be taken away after deat.....

Tags : Supreme Court, Women’s Property Right

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Delhi HC Put Stay on Transfer of IPR Cases to Lower Courts(04.12.2015)

Delhi High Court has decided not to transfer out any pending intellectual property rights cases to lower courts irrespective of their pecuniary value .....

Tags : Delhi High Court , Lower Courts, intellectual property rights cases

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SC: Landholder's Right to Fair Compensation Cannot be Compromised, Being a Part of Human Rights(07.12.2015)

Supreme Court has held that a landholder’s right to be fairly compensated for his land acquired by the government cannot be compromised as right to pr.....

Tags : Supreme Court, landholder’s right , right to property

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Kerala High Court: Muslim Father Can Act As Legal Guardian Of Minor Daughter to Alienate Property(22.11.2017)

Kerala High Court has ruled that Muslim father can act as the legal guardian of his minor daughter so as to alienate immovable property.

Tags : Kerala High Court, Property, Muslim Law

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Kerala High Court Overrules I&B, Says Screen S Durga at IFFI(22.11.2017)

Kerala High Court has ordered the screening of Malayalam film 'S Durga' at the Indian Panorama section of the International Film Festival of India (IF.....

Tags : Kerala High Court, Property, Muslim Law

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Supreme Court Explains Revenue Record Entries do not Confer Title to Property(17.10.2019)

Supreme Court has explained that the entries in the revenue records do not confer title to a property nor do they have any presumptive value to a titl.....

Tags : Supreme Court, Property

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Kerala HC: Trial Court Bound to Adjudicate Suit Seeking Fixing of Property Boundaries(18.10.2021)

Kerala High Court has ruled that a trial court is bound to adjudicate upon a suit seeking fixing of the boundary of a plaintiff's property and give a .....

Tags : Kerala High Court, Suit Seeking Fixing of Property Boundaries

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Revenue Recovery Proceedings Can’t Be Initiated Against a ‘Bonafide’ Purchaser of Property: Madras HC(06.03.2018)

Madras High Court has held that revenue recovery proceedings can’t be initiated against a bona fide purchaser of the property.

Tags : Madras High Court, Property

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Allahabad HC Dismisses Plea to Quash Notices to Recover Public Loss from Anti-CAA Protesters(12.02.2020)

Allahabad High Court has dismissed a Petition challenging notices issued by the District Administration of State of Uttar Pradesh to recover damages f.....

Tags : Allahabad High Court, Damages for Loss of Public Property, Anti- Citizenship Amendment Act Protests

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Supreme Court: Condition Restraining Alienation of Property by Donee in Gift Deed is Void(12.02.2020)

Supreme Court has observed that a condition in the gift deed that the donee shall not alienate the subject property is a void condition as per Section.....

Tags : Supreme Court, Alienation of Property by Donee

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Calcutta HC: Lawyer's Chamber in Residential Property Not "Commercial" Space, Unlike Law Firms(14.02.2020)

Calcutta High Court has held that the legal profession is not a commercial activity and hence, the chambers of a lawyer in a residential property cann.....

Tags : Calcutta High Court, Lawyer's Chamber in Residential Property

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ITAT, Ahmedabad: Letting Out of Property and Furniture for Film Exhibition is Business Activity(14.02.2020)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that the income received from Film Exhibition Business that has been leased out to another pa.....

Tags : Income Tax Appellate Tribunal, Letting Out of Property and Furniture for Film Exhibition

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Karnataka HC Quashes BBMP Circular Directing Property Owners to Relinquish Property(14.02.2022)

Karnataka High Court has quashed the circular issued by the Bruhat Bengaluru Mahanagara Palike (BBMP), dated 29.2.2016 by which it directed property o.....

Tags : Karnataka High Court, Relinquishing of Property

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Madras HC Raps Chennai Corporation for Not Revising Property Tax Since 1998(25.11.2016)

Madras High Court has rapped Chennai Corporation over failure to pass a resolution to amend property tax since 1998.

Tags : Madras High Court, property tax,

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Delhi HC: Adult Son has ‘No Legal Right’ to Stay in Parent’s Self Acquired Property(30.11.2016)

Delhi High Court, while upholding wishes of an elderly couple who wanted their son and daughter-in-law evicted from their house, has ruled that an adu.....

Tags : Delhi High Court, Self Acquired Property, Son, Parent

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No Service Tax on Sale/Purchase of Property on a Principal to Principal Basis: CESTAT(07.12.2018)

Customs, Excise and Service Tax AppellateTribunal (CESTAT), Delhi has held that there cannot be any service tax liability under the category “Real Est.....

Tags : CESTAT, Service Tax, Sale/Purchase of Property on a Principal to Principal Basis

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Madras HC: Property Cannot be Sold While GST Proceedings are Pending(10.11.2020)

Madras High Court has directed Authority to enforce charge over subject property for recovery of arrears of tax, holding that the property cannot be s.....

Tags : Madras High Court, Selling of Property

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AAAR, Maharashtra: GST on Property Tax, Water Charges, Etc. Amounts to ‘Supply’(13.11.2020)

Appellate Authority of Advance Ruling (AAAR), Maharashtra has upheld the ruling of the Authority of Advance Ruling and has ruled that Goods and Servic.....

Tags : Appellate Authority of Advance Ruling, GST on Property Tax, Water Charges, Etc

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Cal. HC: Title & Possession Sufficient to Grant Injunction Against Construction on Joint Property(10.08.2022)

Calcutta High Court has held that plaintiff seeking restraint order on defendant from making construction on a property is required to prove prima fac.....

Tags : Calcutta High Court, Title, Joint Property, Construction

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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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Fair Valuation of Property Before Sale Through Court to be Used as Market Value: Bombay HC(01.04.2019)

Bombay High Court has held that when there is a sale of property by court, stamp duty be computed on the fair valuation obtained by the court, if sold.....

Tags : Bombay High Court, Fair Valuation of Property

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ITAT, Jaipur Allows Deduction u/s 54F on Residential House Property Purchased in Name of Wife(07.04.2021)

Income Tax Appellate Tribunal (ITAT), Jaipur has allowed the deduction under section 54F of the Income Tax Act, 1961 in respect of residential house p.....

Tags : Income Tax Appellate Tribunal, Deduction u/s 54F on Residential House Property

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Bombay HC Struck Down Rules for Assessing Property Tax(25.04.2019)

Bombay High Court while upholding a decade-old law that changed how property tax in Mumbai is assessed has struck down three rules for assessment of c.....

Tags : Bombay High Court, property tax

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Bombay HC Scraps Three Rules for Assessing Property Tax(26.04.2019)

Bombay High Court has upheld a decade-old law that changed how property tax in Mumbai is assessed, but struck down three rules for assessment of capit.....

Tags : Bombay High Court, Property Tax

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Bombay HC Scraps Three Rules for Assessing Property Tax(26.04.2019)

Bombay High Court has upheld a decade-old law that changed how property tax in Mumbai is assessed, but struck down three rules for assessment of capit.....

Tags : Bombay High Court, Property Tax

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Top Court: Property Inherited From Father by Sons Becomes Joint Family Property(04.07.2019)

Top Court has observed that property inherited from father by sons becomes joint family property in the hands of sons.

Tags : Top Court, Joint Family Property

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Gujarat High Court: Tele Companies Must Pay Property Tax For Towers in Rural Areas(09.05.2017)

Gujarat High Court has held that telecommunication service providers are liable to pay property tax for erection of towers in rural areas as well.

Tags : Gujarat High Court, Property Tax, Towers

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ITAT: Self-Occupied Property Cannot Enter Into the Block of Depreciable Asset(27.05.2019)

Income Tax Appellate Tribunal Mumbai has recently rejected Bollywood singer Sonu Nigam’s plea by holding that the self-occupied property cannot enter .....

Tags : ITAT, Property

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ITAT, Hyderabad: Property Ceases to be Business Asset When No Depreciation Claimed(30.04.2021)

Income Tax Appellate Tribunal (ITAT), Hyderabad has ruled that Property ceases to be a business asset when no depreciation is claimed and profit and g.....

Tags : Income Tax Appellate Tribunal, Property

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Punjab and Haryana High Court Denies to Stay Imposition of Property Tax in City(06.10.2015)

Punjab and Haryana HC has denied to pass any interim order to stay levy of property tax in Chandigarh after UT Administration said that it was authori.....

Tags : Punjab and Haryana High Court,Property Tax

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Supreme Court: Alienation of Suit Property not Invalid During Pendency of Suit(14.08.2019)

Supreme Court has ruled that the effect of doctrine of Lis Pendens is not to annul all the transfer effected by the parties to a suit but only to rend.....

Tags : Supreme Court, Suit Property

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Supreme Court : Widows Have Right on ‘Maintenance’ Property(16.11.2015)

Supreme Court has ruled that right to maintenance of a Hindu widow is not a "mere formality" but a spiritual and moral right that can be judicially e.....

Tags : Supreme Court, Right on ‘Maintenance’ Property

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Supreme Court: HUF Assets to be Taken as Joint Property(14.09.2017)

Supreme Court has held that all assets in a Hindu Undivided Family (HUF) would be presumed to be joint property belonging to all its members and a fam.....

Tags : Supreme Court, Joint Property

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SC: Member of HUF Can Stake Exclusive Claim Only on Self-acquired Property(15.09.2017)

Supreme Court has held that if a member of a Hindu Undivided Family (HUF) wants to stake exclusive claim over any joint family property, then he or sh.....

Tags : Supreme Court, Self-acquired Property

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Chhattisgarh HC: Widow Loses Right to Property Inherited as Effect of Valid Marriage(02.07.2021)

Chhattisgarh High Court has held that the effect of a valid remarriage is that the widow loses her right in the property inherited from her previous h.....

Tags : Chhattisgarh High Court, Right to Property

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Delhi HC Establishes Intellectual Property Division to Deal With Intellectual Property Cases(07.07.2021)

Delhi High Court has established the Intellectual Property Division (IPD) to deal with all matters related to Intellectual Property Rights (IPR), exce.....

Tags : Delhi High Court, Intellectual Property Division

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SC: Genuineness of Transaction Cannot Be Doubted Merely Because Thumb Impression Affixed(18.08.2021)

Supreme Court has observed that genuineness of property transaction cannot be doubted merely because thumb impression was affixed instead of signature.....

Tags : Supreme Court, Genuineness of Property Transaction

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Supreme Court Restricts Womens' Right to Ancestral Property(02.11.2015)

Supreme Court while restricting right of women seeking equal share in ancestral property, has held that amended provisions of Hindu Succession (Amendm.....

Tags : Supreme Court , Womens' Right to Ancestral Property

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ITAT: Rent From Hoardings Received by Co-operative Housing Society Taxable as ‘House Property Income’(04.10.2017)

In an important ruling, Ahmadabad bench of ITAT has held that the rent received by a Co-operative housing society by letting out space for hoardings a.....

Tags : ITAT, Income from House Property, Income Tax Act, 1961

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Hindu Converted to Islam is Entitled to Inherit Father’s Property: Bombay High Court(20.03.2018)

Bombay High Court has observed that a Hindu, who converted to other religion, is entitled to his/her father’s property if father died intestate.

Tags : Bombay High Court, Property

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One Can’t be Ousted from Property Over ‘Routine Quarrel’: Bombay High Court(21.03.2018)

Bombay High Court has ruled that ‘routine quarrel’ in the family over property does not amount to dispossession or ouster of an individual from his/he.....

Tags : Bombay High Court, Property

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Govt Cannot Claim Right in Transfer Charges of Leased Properties: Bombay High Court(22.03.2018)

Bombay High Court has reiterated that the government has no right to ask someone to seek its prior approval before entering into any new transaction o.....

Tags : Bombay High Court, Property

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Supreme Court: Women Born Before 2005 Too Have Right to Ancestral Property(05.02.2018)

Supreme Court has held that the 2005 law that made daughters equal to sons in claiming right in father’s property will apply even to those girls born .....

Tags : Supreme Court, Ancestral Property

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Gujarat High Court: Convert Can Inherit Father’s Property(29.09.2017)

Gujarat high court has ruled that a Hindu woman who married a Muslim and renounced her Hindu faith to embrace Islam is entitled to inherit her father'.....

Tags : Gujarat High Court, Property, Convert

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SC to Delhi HC: Finalise Amendments to Ensure Speedy Disposal of Original IPR Suits(25.10.2017)

Supreme Court has given Delhi High Court, eight weeks to finalise amendments to its Original Side Rules and Practice Directions, in order to ensure sp.....

Tags : Supreme Court, Intellectual Property Rights

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Chhattisgarh HC: Right to Property is a Human Right As Well(06.11.2017)

Chhattisgarh High Court has held that right to property is not only constitutional right, but also human right and it can be deprived of only by the a.....

Tags : Chhattisgarh High Court, Property

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Police Has no Power to Seize Property During Investigation: Supreme Court(24.09.2019)

Supreme while upholding the order of Bombay High Court has said that police has no power to seize immovable property during an investigation.

Tags : Supreme Court, Bombay High Court, Seizure of property

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Police Has no Power to Seize Property During Investigation: Supreme Court(24.09.2019)

Supreme while upholding the order of Bombay High Court has said that police has no power to seize immovable property during an investigation.

Tags : Supreme Court, Bombay High Court, Seizure of property

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Kerala HC: Son-In-Law Has No Legal Right In Father-In-Law's Property(04.10.2021)

Kerala High Court has held that a son-in-law cannot have any legal right in his father-in-law's property and building, even if he has spent a consider.....

Tags : Kerala High Court, Right in property

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Kerala High Court: Son-In-Law Has No Legal Right In Father-In-Law's Property(05.10.2021)

Kerala High Court has held that a son in law cannot have any legal right in his father in law's property and building, even if he has spent an amount .....

Tags : Kerala High Court, Legal Right In Father-In-Law's Property

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Punjab and Haryana HC: Born Abroad, You Can Get Property Vacated in Punjab(10.05.2016)

Punjab and Haryana HC has held that a foreign citizen or a person born outside India on return could get his properties vacated in Punjab.

Tags : Punjab and Haryana HC , Property

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Delhi HC: Unfortunate That Property Dispute Pending for 30 Years(16.05.2016)

Delhi HC has termed it "very unfortunate" that an appeal regarding a property dispute was pending before it for over 30 years and no satisfactory solu.....

Tags : Delhi HC , Property Dispute

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Delhi HC Finalizes Draft Rules Governing Patent Suits & Intellectual Property Rights Division Rules(13.12.2021)

Delhi High Court has published the final drafts of High Court of Delhi Rules Governing Patent Suits, 2021 and Delhi High Court Intellectual Property R.....

Tags : Delhi High Court, Patent Suits & Intellectual Property Rights Division Rules

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President Promulgates Enemy Property Ordinance, 2016(08.01.2016)

President of India has promulgated the Enemy Property (Amendment and Validation) Ordinance, 2016 on January 07, 2016 to make amendments to the Enemy P.....

Tags : President , Enemy Property (Amendment and Validation) Ordinance, 2016

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Delhi HC: Provisions of DV Act Cannot be Used as Ploy to Claim Right in Father’s Property(25.08.2021)

Delhi High Court has held that the provisions of Domestic Violence Act, 2005 being a social welfare legislation, cannot be used by a son as a ploy to .....

Tags : Delhi High Court, Right in Father’s Property

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Delhi HC Extends Time for Sending Suggestions to Draft Intellectual Property Rights Division Rules(27.10.2021)

Delhi High Court has extended the time for sending comments and suggestions to the Draft Intellectual Property Rights Division Rules, 2021 from the me.....

Tags : Delhi High Court, Draft Intellectual Property Rights Division Rules, 2021

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Delhi High Court: Illegal Registration of Properties is Way of Life(15.02.2018)

Delhi High Court has observed that illegal registration of commercial properties as residential was a "way of life" in the national capital.

Tags : Delhi High Court, Property

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Madras HC Grants Property Tax Exemption for Community Health and Development Department Building(17.11.2021)

Madras High Court has granted the property tax exemption for community health and development department building, which provides health care faciliti.....

Tags : Madras HC, Property Tax Exemption

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Centre Re-Promulgates Ordinance on Enemy Property(06.04.2016)

Centre has re-promulgated an ordinance to amend the nearly 50-year-old Enemy Property Act, to guard against claims of succession or transfer of proper.....

Tags : Centre , Enemy Property Act

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Lok Sabha Passes Enemy Property (Amendment and Validation) Bill, 2016(10.03.2016)

Lok Sabha has passed the Enemy Property (Amendment and Validation) Bill, 2016, which amends the Enemy Property Act, 1968.

Tags : Lok Sabha, Enemy Property (Amendment and Validation) Bill, 2016

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Gujarat High Court: No Charge on Property for Alleged Dues of Erstwhile Owners(26.12.2019)

Gujarat High Court has ruled that as the property had already been purchased by the Petitioners, no charge could be entered on the property for allege.....

Tags : Gujarat High Court, Property

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ITAT Mumbai : Period of Holding Calculated from Original Date of Acquisition of Property(20.11.2019)

Income Tax Appellate Tribunal, Mumbai has ruled that period of holding the asset has to be computed not from the date when Memorandum of Understanding.....

Tags : ITAT Mumbai, Property

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Children Are Not Property That Can be Divided: Karnataka High Court(10.05.2018)

Karnataka High Court has observed that children are not “pieces of property that can be shared between parties”.

Tags : Karnataka High Court, Property

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Kerala High Court Strikes Down Rules 9(4A) and 9(4C) of Municipality Rules on Property Tax Fixation(13.01.2022)

Kerala High Court has set aside Rules 9(4A) and 9(4C) of the Kerala Municipality (Property Tax, Service Tax and Surcharge) Rules, 2011 which prescribe.....

Tags : Kerala High Court, Rules on Property Tax Fixation

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AP HC: When Person is in Settled Possession and Enjoyment of Property, He Cannot be Dispossessed(13.01.2022)

Andhra Pradesh High Court has reiterated that when a person is in settled possession and enjoyment of a property, he cannot be dispossessed, except by.....

Tags : Andhra Pradesh High Court, Dispossession from Property

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Bombay HC Orders Tighter Norms on Long-Term Capital Gains from Property Sale(15.09.2016)

Bombay HC has held that an exemption from long-term capital gains where sale proceeds of original asset are invested in a new residential property, wi.....

Tags : Bombay HC, long-term capital gain, Property Sale

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Certificate of Purchase Can’t Be Conclusive Proof of Title: Bombay High Court(22.06.2018)

Bombay High Court has held that in case of a joint family property certificate of purchase cannot be conclusive proof of title vis-à-vis joint tenants.....

Tags : Bombay High Court, Property

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SC: Burden to Prove Property as Joint Property of HUF on Person Who Asserts So(06.04.2020)

Supreme Court has observed not only jointness of the family has to be proved but burden lies upon the person alleging the existence of a joint family .....

Tags : Supreme Court, Joint Property of HUF

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Karnataka HC Issues Notice on Plea Against Levy of Property Tax on Buildings & Lands(16.12.2021)

Karnataka High Court has issued notice on a plea challenging certain provisions of the Karnataka Municipal Corporations Act 1976 that provide for levy.....

Tags : Karnataka High Court, Levy of Property Tax on Buildings & Lands

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SC Orders Investigation against Pastor, Woman for Marriage Swindle(23.09.2016)

SC has approved an investigation against a pastor and a woman for allegedly abducting a mentally challenged man, who she had divorced six years ago, a.....

Tags : SC, property

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Madras High Court: Probe Cases Filed in SC on Behalf of Dead Woman(29.08.2018)

Madras High Court has directed police to conduct investigation against persons for taking Supreme Court for a ride by filing cases before the court on.....

Tags : Madras High Court, Property

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Madras HC: Those Defacing Public Property may Face Contempt Charge(14.06.2016)

Madras HC has warned authorities that any fresh violation of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 will face the pain of .....

Tags : Madras HC, Public Property

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S. 54F Benefit Not Available If Construction Work Precedes Transfer of Property: Gujarat HC(21.05.2018)

Gujarat High Court has held that benefit under Section 54F of Income Tax Act, 1961 could not be availed by an assessee, if construction work precedes .....

Tags : Gujarat High Court, Immovable Property

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P&H HC: Property Acquired Before Commission of Criminal Activity Cannot Be Attached Under PMLA(16.03.2020)

Punjab & Haryana High Court has held that property acquired before the commission of criminal activity or the introduction of Prevention of Money Laun.....

Tags : Punjab & Haryana High Court, Property Acquired Before Commission of Crime

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Special Court, Mumbai Grants Bail to 9 Accused in Case Related to Property Sale in Delhi(17.02.2022)

Special Court in Mumbai has granted bail to nine accused including Yes Bank founder Rana Kapoor, his wife Bindu and businessman Gautam Thapar in a cas.....

Tags : Special Court, Mumbai, Case Related to Property Sale in Delhi

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Centre Promulgates Ordinance on Enemy Property for 4th Time(31.08.2016)

Centre has for the fourth time promulgated an ordinance to amend nearly 50-year-old Enemy Property law to guard against claims of succession or transf.....

Tags : Centre , Enemy Property, Centre

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Delhi HC Grants Relief to Ex-CJI's Sons in Property Case(29.07.2016)

Delhi HC has granted relief to businessmen sons of Ex-Chief Justice of India Y K Sabharwal and upheld legality of their purchase of a Sikandra Road pr.....

Tags : Delhi HC , Ex-Chief Justice of India Y K Sabharwal , Property Case

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ITAT, Mumbai: Taxpayers Can Change ‘Self-occupied’ House to Cut Tax Outgo(08.06.2018)

Mumbai bench of Income Tax Appellate Tribunal (ITAT) has upheld the right of a taxpayer to change his selection of a house property that would be trea.....

Tags : Income Tax, House Property

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Delhi HC: Senior Citizens Needn't Show 'Ill Treatment' to Seek Eviction of Children from Property(27.03.2020)

Delhi High Court has held that senior citizens, who seek eviction of their sons or legal heirs from their property, need not necessarily have to show .....

Tags : Delhi High Court, Eviction of Children from Property

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Delhi HC Notifies Rules Governing Patent Suits; Intellectual Property Rights Division Rules, 2022(28.02.2022)

Delhi High Court has notified the High Court of Delhi Rules Governing Patent Suits, 2022 and Delhi High Court Intellectual Property Rights Division Ru.....

Tags : Delhi High Court, Intellectual Property Rights Division Rules, 2022

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Gauhati HC: Children Can't Seek Claim in Property Not Inherited by Deceased Father(04.03.2022)

Gauhati High Court has held that there is no claim on property of a deceased person by his children if the said property was not inherited by the dece.....

Tags : Gauhati High Court, Claim in Property Not Inherited by Deceased Father

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Karnataka High Court Held That District Magistrate Empowered To Attach Property(08.03.2022)

Karnataka High Court has held that the District Magistrate is empowered to attach the property and not the Commissioner of Bengaluru Mahanagara Palike.....

Tags : Karnataka High Court, District Magistrate, Property

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SC Directs Contemnors Who Re-possessed Property By Breaking Open Lock to be Kept in Civil Prison(11.03.2022)

Supreme Court has directed for keeping the contemnors who irrespective of Court's order re-possessed the property by breaking open the locks in civil .....

Tags : Supreme Court, Re-possession of Property

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ITAT, Mumbai: Claim Of Deduction to be Reckoned From Date of Possession of New Property(11.03.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that an assessee's claim of deduction under Section 54 of the Income Tax Act, 1961 was to be reckoned .....

Tags : Income Tax Appellate Tribunal, Possession of New Property

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Govt Amends Intellectual Property Rights (Imported Goods) Enforcement Rules(27.06.2018)

Central Government has notified the Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules wherein the word ‘patent as defined in t.....

Tags : Intellectual Property, Imported Goods

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Gujarat HC Grants Interim Injunction on Immovable Property Based on Agreement to Sell(30.03.2022)

Gujarat High Court has ordered interim injunction on an immovable property and has restrained its owner from changing its status during the pendency o.....

Tags : Gujarat High Court, Agreement to sell, Immovable Property

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Delhi High Court: Suit Property Can't Be Attached Under Order 38 Rule 5 CPC Mechanically(31.03.2022)

Delhi High Court has reiterated that the power under Order XXXVIII Rule 5 of Code of Civil Procedure, 1908 cannot be exercised mechanically or merely .....

Tags : Delhi High Court, Order XXXVIII Rule 5, Code of Civil Procedure, High Court, Suit Property

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Madras High Court Strikes Down Section 32(2) Of Benami Transaction Act as Unconstitutional(05.04.2022)

Madras High Court has declared that Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988 as unconstitutional and directed the go.....

Tags : Madras High Court, Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988, unconstitutional.

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If Agitators Damage Property, Leaders Must Go to Cops: Supreme Court(03.10.2018)

Supreme Court has said if protesters turn violent and vandalise property, their leaders must present themselves for questioning at a police station wi.....

Tags : Supreme Court, Agitators, Property

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Senior Citizens Can Evict Their Children from Ancestral Property if Ill-Treated: Delhi High Court(05.10.2018)

Delhi High Court has held, while dismissing a woman’s plea who allegedly subjected her in-laws to cruelty, that a senior citizen can seek eviction of .....

Tags : Delhi High Court, Ancestral Property

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Property Tax Paid in Respect of Leased Property is Allowable as Expenditure: ITAT(09.07.2018)

Delhi bench of Income Tax Appellate Tribunal (ITAT) has held that tenant is eligible for deduction in respect of the amount of property tax paid on le.....

Tags : Income Tax, Lease, Property

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No Disqualification to Inherit Property When There Is Clear Acquittal by HC: Madras HC(25.09.2018)

Madras High Court has held that there would be no disqualification in inheriting the property, when a murder accused though convicted by the trial cou.....

Tags : Madras High Court, Property

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Kerala HC: Court Can Declare Property Free of Encumbrance Against Will of Encumbrancer(10.08.2020)

Kerala High Court has stated that as per Section 57 of the Transfer of Property Act, 1882, Courts have the power to declare a property free of encumbr.....

Tags : Kerala High Court, Property Free of Encumbrance

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Benami Property Act Kicks In from 01st November(02.11.2016)

The new law to prohibit Benami Transactions, which provides for up to seven years’ imprisonment and fine, for those indulging in such activities, came.....

Tags : Benami Property Act

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SC: Offence of Criminal Breach of Trust is Not Attracted if There was Not Entrustment of Property(24.05.2022)

Supreme Court observed that the offence of criminal breach of trust under Section 405 will not be attracted if there was no entrustment of the propert.....

Tags : Supreme Court, Criminal Breach of Trust, Property

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Delhi HC Allows Plea Seeking Postponing Vacation of Suit Property Due to COVID-19 Pandemic(09.04.2020)

Delhi High Court has allowed a judgment debtor to postpone the vacation of suit property due to the unforeseen circumstances brought about by the COVI.....

Tags : Delhi High Court, Vacation of Suit Property

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Delhi HC Allows Interim Reoccupation to Debtor of Property Securitized by Bank(13.04.2020)

Delhi High Court has allowed a family to reoccupy a floor of the property, which was securitized by IIFL Home Finance Limited under Section 14 of Secu.....

Tags : Delhi High Court, Reoccupation to Debtor of Property Securitized by Bank

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AAAR, Maharashtra: No GST & TDS on Renting of Immovable Property to Social Justice Department(13.04.2022)

Appellate Authority of Advance Ruling, Maharashtra has observed that the renting of immovable property to the social justice department is exempt from.....

Tags : Appellate Authority of Advance Ruling, immovable property, social justice, Goods and Services Tax, Tax Deducted at Source

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Person Who Remains in Encroached Property Disqualified From Being Member of Panchayat: SC(20.09.2018)

Supreme Court has held, overruling its previous decision, that a person who shares an encroached property by residing there, he/she has to be treated .....

Tags : Supreme Court, Panchayath, Property

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Calcutta HC: No Direction Can Be Passed to Sell Property to Third Party in Section 9 of The A&C Act(20.05.2022)

Calcutta High Court held that no direction can be passed to sell property to third party in Section 9 of the A&C Act. It was held that, to sell the su.....

Tags : Calcutta High Court, Arbitration and Conciliation, Section 9, Property

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Delhi HC: Trial Court has Power to Modify Orders of Custody & Disposal of Property Pending Trial(20.05.2022)

Delhi High Court has held that the Trial Court has power to modify orders of custody and disposal of property pending trial under Sec. 451 of the Code.....

Tags : Delhi High Court, Trial, Custody, Disposal of Property

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Madras HC: Joining of Son in Execution of Sale Deed Does Not Raise Presumption of "Family Property"(20.05.2022)

Madras High Court observed that merely because a son has been added as a co-vendor in a sale deed would not give rise to the presumption that the prop.....

Tags : Madras High Court, Family Property, Joint Family Property

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Madras HC Refuses To Quash Notice For Attachment And Sale Of Immovable Property(05.05.2022)

Madras High Court has dismissed a plea seeking to quash the notice for the attachment and sale of immovable property by observing that the assessee is.....

Tags : GST Proceedings, Assessee, Immovable Property

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NCLT, Chennai: No Conflict Among Prohibition of Benami Property Transaction Act and IBC, 2016(06.05.2022)

National Company Law Tribunal, Chennai has ruled that there is no conflict between the Prohibition of Benami Property Transaction Act, 1988 and the In.....

Tags : National Company Law Tribunal, Prohibition of Benami Property Transaction Act, 1988, Insolvency and Bankruptcy Code, 2016, attachment of property

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Public Property Can’t be Allotted to Profit-Oriented Institutions for Free: Supreme Court(01.11.2018)

Supreme Court, while examining legality of allotment of 4 kanals of property to J.S. Luthra Academy for running the school, has observed that public p.....

Tags : Supreme Court, Public Property

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Guj. HC: Dispute Relating to Property Used in Trade & Commerce Constitutes Commercial Dispute(20.06.2022)

Gujarat High Court has held that to determine whether or not a dispute relating to property is a commercial dispute under Commercial Court's Act, 2015.....

Tags : Gujarat High Court, Commercial Courts, Property

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Guj. HC: Can't Permit Single Mother to Sell Minor's Share in Property Without Relevant Material(22.06.2022)

Gujarat High Court has held that if relevant material details are not provided, even a mother can be looked at with suspicion and be denied permission.....

Tags : Gujarat High Court, Minor’s Property, Natural Guardian

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Not Enough Warning On Defacement, Says Delhi High Court(13.09.2018)

Delhi High Court has expressed displeasure over defacement of public properties during election campaigns, saying the government and civic bodies have.....

Tags : Delhi High Court, Defacement of Property

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Delhi HC: Women Has No Right to Residence in Parents-in-law `(26.12.2016)

Delhi High Court has ruled that right to residence is available to a woman against her husband and not against the parents-in-law in a property owned .....

Tags : Delhi HC, Right to Residence, Self Acquired Property

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Presidents Re-Promulgates Enemy Property (Amendment and Validation) Fifth Ordinance, 2016(26.12.2016)

President of India has re-promulgated Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, aimed to guard against claims of succession or .....

Tags : President of India, Enemy Property, Ordinance

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Remove Trespassers from Cuddalore Temple Property in 2 Months: Madras HC(27.12.2018)

Madras High Court has directed the commissioner of Chidambaram municipality to take immediate steps to remove the illegal encroachments from the prope.....

Tags : Madras High Court, Cuddalore Temple Property

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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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Pakistan SC Issues Notice to PM for Alleged Use of Public Property for Party's Legal Forum(14.10.2020)

Pakistan Supreme Court has issued suo-motu notice to the Prime Minister of Pakistan, Imran Khan over his participation in a lawyers' convention organi.....

Tags : Pakistan Supreme Court, PM Imran Khan, Use of Public Property for Party's Legal Forum

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ITAT: Deduction U/S 54EC of IT Act Applicable within 6 Months from Date of Transfer of Property(18.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that deduction under Section 54EC of Income-Tax (IT) Act, 1961 is applicable within six cal.....

Tags : ITAT, Transfer of Property, Deduction

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SC: Dedication of Property as Religious Endowment Can be Inferred from Circumstances(19.07.2022)

Supreme Court has held that the dedication of a property as religious endowment does not require an express dedication or document, and can be inferre.....

Tags : Supreme Court, Property, Religious Endowment

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SC: Trust Property Cannot be Alienated Unless it is for Benefit of Trust And/or its Beneficiaries(25.07.2022)

Supreme Court has held that a trust property cannot be alienated unless it is for the benefit of the Trust and/or its beneficiaries.

Tags : Supreme Court, Trust Property, Alienated

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Madras High Court Negates Plea to Nationalise Jayalalithaa's Properties(12.01.2017)

Madras High Court has dismissed a plea seeking direction to Centre as well as State Government to nationalise assets of Former Chief Minister Jayalali.....

Tags : Madras High Court, Jayalalithaa, Property

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Del HC: Demolition of Unauthorised Property Can’t be Done Without Giving Opportunity of Hearing(01.09.2022)

Delhi High Court has held that a property cannot be demolished on the ground that it is unauthorized, unless the owner or resident is given an adequat.....

Tags : Delhi High Court, Unauthorized Property, Hearing

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Delhi HC: Urgent Interim Relief in IPR Cases Important to Protect Interest of Parties & Consumers(01.09.2022)

Delhi High Court has held that urgent interim relief including at ex-parte and ad-interim stage is extremely important in intellectual property rights.....

Tags : Delhi High Court, Interim Relief, Intellectual Property Rights

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IPAB Stays Operation of Registration of N95 Trademark(07.12.2020)

Intellectual Property Appellate Board has stayed the operation of registration of 'N95' as trademark, stating that the term N95 is a generic term in t.....

Tags : Intellectual Property Appellate Board, Registration of ‘N95’ Trademark

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Kar. HC: Nature of Property Being Ancestral or Self-Acquired Can Only be Decided After Trial(29.07.2022)

Karnataka High Court has held that only in a trial can it be decided whether a property is ancestral property or self acquired properties and therefor.....

Tags : Karnataka High Court, Property, Amendment

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J&K&L HC: Right to Property May No More be a FR, But Its Sanctity as Human Right is Still Intact(01.08.2022)

Jammu and Kashmir and Ladakh High Court has held that the Right to property might have fell from the pedestal of being a fundamental right (FR) but it.....

Tags : Jammu and Kashmir and Ladakh High Court, Right to Property, Human Right

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SC: Defence Forces Meant to Protect Country And Not Conduct Lawlessness(05.08.2022)

Supreme Court while condemning army officials for encroaching upon civilian's property near Army Quarters and razing down its boundary, in violation o.....

Tags : Supreme Court, Army Officials, Encroaching, Property

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Supreme Court: ‘Enemy Property Must Go to State’(07.02.2017)

Supreme Court, while disposing a plea questioning promulgation of Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, has said that ‘enem.....

Tags : Supreme Court, Enemy Property

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Supreme Court: All Buildings Carrying Mobile Towers Can be Charged Property Tax(16.12.2016)

Supreme Court of India has declared that all buildings carrying mobile towers can be charge property tax as everything that falls under definitions of.....

Tags : Supreme Court , property tax, buildings, mobile towers

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SC: Right to Property Remains a Valuable Constitutional Right(25.11.2020)

Supreme Court has reiterated that though right to property is not a fundamental right, it remains a valuable constitutional right and has directed the.....

Tags : Supreme Court, Right to Property

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Rajya Sabha Passes Enemy Property (Amendment and Validation) Bill, 2016(14.03.2017)

Rajya Sabha has passed Enemy Property (Amendment and Validation) Bill, 2016 that seeks to amend Enemy Property Act, 1968, to vest all rights, titles a.....

Tags : Rajya Sabha, Enemy Property (Amendment and Validation) Bill, 2016

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DIRECT TAXATION - Mere Execution of Power of Attorney Doesn't Amount to ‘Transfer’: ITAT(18.03.2019)

Income Tax Appellate Tribunal (ITAT), Chennai has held that mere execution of a Power of Attorney would not amount to transfer of property for determi.....

Tags : ITAT, Power of Attorney, Transfer of Property

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Karnataka HC Issues Notice to State on Report About Wakf Property(16.02.2021)

Karnataka High Court has ordered issue of notice to the State government on a Public Interest Litigation petition seeking directions to the government.....

Tags : Karnataka High Court, Wakf Property

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Kerala HC: Electricity Dues Of Previous Consumer Create First Charge On Property(20.10.2022)

Kerala High Court has observed that though the subsequent purchaser of a property is not liable to pay the dues owed to the Electricity Board by a pre.....

Tags : Kerala High Court, Electricity, property

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Mother has No Right to Sell Minor's Property: Bombay High Court(25.01.2019)

Bombay High Court has ruled that when father of the minor is alive mother is a de facto guardian and she cannot sell minor's property.

Tags : Bombay High Court, High Court has ruled that a mother cannot alienate/sell property of a minor, when the father of the minor is alive she is a de facto guardian and cannot sell the minor's property.

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SC: Information Contained in Document is 'Corporeal Property' & Can be Subject Matter of Theft(10.05.2019)

Supreme Court has held that "document" as defined in Section 29 of IPC is a "moveable property" within the meaning of Section 22 of IPC and informatio.....

Tags : moveable property, corporeal property

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Inherited Property of Hindu Widow Who Dies Intestate to Devolve Upon Both Son & Daughter: Bombay HC(12.04.2019)

Bombay High Court has denied relief to a man claiming sole right over ancestral property left behind after death of both his parents and held that inh.....

Tags : Bombay High Court, Widow, Property

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Madras HC TN Government's Decision to Hike Property Tax(28.12.2022)

Madras High Court has upheld Tamil Nadu government's order to increase property tax in Coimbatore and Chennai but held that new tax slabs will be oper.....

Tags : Madras High Court, Property Tax, Hike

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AP HC: Can't Appointed Advocate Commissioner to Collect Evidence for Parties(09.01.2023)

Andhra Pradesh High Court while observing that local investigation is best way to find out possession when there is dispute regarding identity of prop.....

Tags : Andhra Pradesh High Court, Advocate Commissioner, Property

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Guj. HC: Need a Change in Mindset That Married Daughter Shouldn’t be Given Any Property(13.01.2023)

Gujarat High Court while observing that marriage of a daughter does not change her status in the family has stated that it is time to change the minds.....

Tags : Gujarat High Court, Married Daughter, Property

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SC: Transfer Can be Set Aside Only if it Was Subject to Condition of Providing Basic Amenities(07.12.2022)

Supreme Court has held that Section 23 of Senior Citizens Act will be attracted only if the transfer of property by a senior citizen was subject to a .....

Tags : Supreme Court, Senior Citizen Act, Property

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SC: Sons of Person Who Relinquishes Rights in Father’s Property Estopped from Claiming Share(30.01.2023)

Supreme Court has held that when a son relinquishes their right to the self-acquired property of the father and the conduct is accompanied by receipt .....

Tags : Supreme Court, Self Acquired Property, Estoppel

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