12 August 2024

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

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

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

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

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

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

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

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

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

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

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

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

To testify execution of Will, it is not enough to examine a random witness who asserts that he saw attesting witness affix his signature on Will(20.11.2023)

The present appeal is filed to determine the validity of a Will. The appellant claims to have been adopted by late Venkubayamma under registered Will .....

Tags : Adoption, Will, Property

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

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

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

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

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

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

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

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

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

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

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

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

News

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

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

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

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

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

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

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

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,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SC: Encroacher Can’t Claim Benefit of Section 51 of Transfer of Property Act(06.02.2023)

Supreme Court while observing that encroacher can’t be termed as transferee to seek benefit of Section 51 of Transfer of Property Act, has held that w.....

Tags : Supreme Court, Encroacher, Transfer of Property Act

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

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

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

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

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

Del HC: It is Anathema in this Day to Diminish Autonomous Status of a Woman(07.07.2023)

Delhi High Court has observed that it is anathema in this day and age to diminish the autonomous status of a woman by treating her merely as an adjunc.....

Tags : Delhi High Court, Property, Woman, Autonomous

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

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

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

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

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

MP HC: Co-defendants Must File Separate Suit Against Each Other for Dispute Over Suit Property(15.03.2024)

Madhya Pradesh High Court has held that it is a settled law that the co-defendants cannot fight against each other as they cannot file a counterclaim .....

Tags : Madhya Pradesh High Court, Co-defendants, Suit Property

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

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

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

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

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

SC: Candidates Contesting Elections Don’t Have to Disclose Every Moveable Property They Own(09.04.2024)

Supreme Court has held that those candidates who are contesting elections are not required to disclose all the details about every moveable property t.....

Tags : Supreme Court, Moveable Property, Elections, Candidates

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

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

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

SC: Property Tax for ‘Business Building’ Not Applicable on Advocate’s Office Run From Residence(29.01.2024)

SC has held that advocate's office run from residential building is not subject to property tax under Delhi Municipal Corporation Act, 1957 as a "bus.....

Tags : Supreme Court, Property Tax, Advocate’s Office, Delhi Municipal Corporation Act

Del. HC: Property to be Returned if PMLA Probe Extends Beyond 365 Days Not Resulting in Any Procd.(02.02.2024)

Delhi High Court has held that where investigation under Prevention of Money-Laundering Act, 2002 (PMLA) extends beyond 365 days and does not result i.....

Tags : Delhi High Court, PMLA, Seizure of Property

Law Commission Releases Report – Revisiting the Law on Prevention of Damage to Public Property(05.02.2024)

The 22nd Law Commission has released a suo-motu Report titled "Revisiting the Law on Prevention of Damage to Public Property” that recommends amendmen.....

Tags : Law Commission, Public Property, Prevention of Damage, Prevention of Damage to Public Property Act

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

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

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

HP HC: Water is State Property; Not Private Entitlement of People Who Use it(24.03.2023)

Himachal Pradesh High Court while observing that it is a misconception that water belongs to villagers who use it, has held that Water is State proper.....

Tags : Himachal Pradesh High Court, Water, State Property, Villagers

Del. HC: If Accused Discharged/Acquitted under PMLA, Properties Attached Shall be Released(02.05.2024)

Delhi High Court has held that a perusal of Section 8(6) of the Prevention of Money Laundering Act, 2002 (PMLA) makes amply clear that if an accused i.....

Tags : Delhi High Court, Section 8(6) of PMLA, Release of Property

Del. HC: Rs. 1 Lakh Cost Imposed on Person Who Made Lord Hanuman Party in Property Dispute(07.05.2024)

Delhi High Court has imposed a cost of Rupees One Lakh on a litigant who made Lord Hanuman party to a case concerning a temple constructed on a privat.....

Tags : Delhi High Court, Property Dispute, Lord Hanuman

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

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

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

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

Tel. HC: SHRC Can’t Adjudicate Upon Property Disputes(07.08.2023)

Telangana High Court has observed that as per G.Manikyamma v. Roudri Cooperative Housing Society Ltd. (MANU/SC/1097/2014) it is evident that Section 1.....

Tags : Telangana High Court, State Human Rights Commission, Property Dispute

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

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

SC: Can’t De-Seal Property Sealed by Cantonment Board Without the Sanction of Buidling Plan by Board(27.07.2023)

Supreme Court has held that petitioner is not legally entitled to seek a prayer of de-sealing of unauthorized property which is sealed by the Cantonme.....

Tags : Supreme Court, Cantonment Board, Property, Building Plan

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

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

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

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

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

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

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

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

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

Del HC: Can’t Levy Property Tax as Business Building Because Advocate’s Office Runs from Residence(29.06.2023)

Delhi High Court while observing that premise wouldn’t become business premise just because a lawyer read his office file at his residence, has held t.....

Tags : Delhi High Court, Property Tax, Advocate

Rights of Mutation: Del. HC Initiates Suo Motu PIL Over Lack of Policies for Mutation of Property(06.09.2024)

Delhi High Court while initiating a suo motu PIL on the issue of absence of any policy regarding mutation of village properties notified as urbanized,.....

Tags : Delhi High Court, Mutation of Property, Village Properties

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

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

Ker. HC: Seized Property Shouldn’t Remain in Custody Longer than Necessary(28.08.2023)

Kerala High Court has held that where the property, which has been the subject matter of an offence, is seized by the police, it ought not to be retai.....

Tags : Kerala High Court, Seized Property, Custody

SC: Children of Invalid Marriages Have Right in Parent’s Share in Hindu Coparcenary Property(01.09.2023)

Supreme Court has held that children born out of void/voidable marriages are entitled to share in the property of their parents which would have been .....

Tags : Supreme Court, Hindu Coparcenary Property, Invalid Marriages, Children

SC: Succession Issue to Mitakshara Coparcenary Property Continues to Raise its Head Time and Again(04.09.2023)

Supreme Court while observing that issue of succession to Mitakshara coparcenary continues to raise its head like an undying Hydra of Lerna, held that.....

Tags : Supreme Court, Mitakshara Coparcenary Property, Deceased Coparcener

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

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

J&K&L HC: Allotment Under Evacuees Property Act Doesn’t Confer Title or Interest(16.05.2023)

Jammu and Kashmir and Ladakh High Court while observing that allotment is mere license, which is revocable by concerned authorities, has held that all.....

Tags : Jammu and Kashmir and Ladakh High Court, Evacuees Property Act, Title, Interest

Del. HC: Invention Shouldn't Be Deemed Computer Program Per Se Only Because it Involves Algorithms(16.05.2023)

Delhi High Court has observed that an invention shouldn’t be deemed a computer program per se merely because it involves algorithms and computer execu.....

Tags : Delhi High Court, Intellectual Property Right, Invention, Computer Program

JKL HC: All Water Sources are Property of Government(26.05.2023)

Jammu and Kashmir and Ladakh High Court while dismissing a plea seeking directions upon the administration to not to change, divert or take any water .....

Tags : Jammu and Kashmir and Ladakh High Court, Water Body, State, Property

SC: Partition of Property Can’t be Done by Metes & Bounds in Chandigarh(26.07.2024)

Supreme Court has restated that, due to the Chandigarh (Sale of Sites and Buildings) Rules, 1960 property cannot be partitioned by metes and bounds in.....

Tags : Supreme Court, Metes & Bounds, Partition of Property

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

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

SC: For Appling S.106 of TPA, Tenant Must Prove That Premises was Leased for Manufacturing Purpose(03.10.2023)

Supreme Court has held that in order to attract Section 106 of Transfer of Property Act, 1882 (TPA), which requires 6 months’ notice for termination o.....

Tags : Supreme Court, Transfer of Property Act, 1882

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

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

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

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

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

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

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

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

Ker. HC: No Remission of Property Tax if Advance Notice Regarding Vacancy of Building Not Served(28.11.2023)

Kerala High Court has held that in the absence of the notice, as is required under sub-section (3) of Section 239 of the Kerala Municipality Act, ther.....

Tags : Kerala High Court, Property Tax, Remission

Ker. HC: Title of Property Can’t be Determined Merely with Reference to Survey Demarcation(01.12.2023)

Kerala High Court has held that right and title to property have to be determined not with reference to survey demarcation but based on other cogent m.....

Tags : Kerala High Court, Title, Property, Survey

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

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

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

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

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

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

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.

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

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.

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.

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.

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

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

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

Supreme Court Elaborates the Difference Between ‘Land’ and ‘Immovable Property’(08.02.2024)

Supreme Court has stated that if provisions of the Punjab Pre-Emption Act, 1913 are read it is abundantly clear that the land and the immovable proper.....

Tags : Supreme Court, Punjab Pre-Emption Act, 1913, Immovable Property

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

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

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

Supreme Court: Children Born out of Void Marriages Entitled to Share in Parent’s Property(22.01.2024)

Supreme Court has held that children born out of void and voidable marriages have to be considered legitimate children and shall be entitled to a vali.....

Tags : Supreme Court, Void Marriages, Parent’s Property

Tel. HC: Daughter’s Good Financial Status No Ground to Deny Share in Father’s Self Acquired Property(19.02.2024)

Telangana High Court has held that a daughter cannot be denied claim in the self-acquired property of her father merely because she has a good financi.....

Tags : Telangana High Court, Self Acquired Property, Financial Status

Kar. HC: Self-Acquired Property Thrown in Common Hotchpot Shall be Treated as Joint Family Property(21.02.2024)

Karnataka High Court has held that if a Hindu family member voluntarily throws his/her self acquired property into common hotchpot with the purpose of.....

Tags : Karnataka High Court, Common Hotchpot, Self-Acquired Property, Joint Family Property

Delhi High Stays Judgement Related to Investigation Under PMLA(22.02.2024)

Delhi High Court has stayed a judgement which held that in cases where investigation is going under Prevention of Money-Laundering Act, 2002 (PMLA) fo.....

Tags : Delhi High Court, PMLA, Seized Property

Delhi High Court: Can’t Use Senior Citizens Act For Purposes of Property Dispute(23.02.2024)

Delhi High Court has held that the purpose behind enacting Senior Citizens Act, 2007 was to protect the senior citizens from exploitation and not for .....

Tags : Delhi High Court, Senior Citizens Act, Property Dispute

SC: Art. 300A of COI Enshrining Right to Property Applicable on People Who Aren’t Citizens of India(26.02.2024)

Supreme Court has held that the expression person in Article 300-A of Constitution of India (COI) covers not only a legal or juristic person but also .....

Tags : Supreme Court, Article 300-A of Constitution, Right to Property

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

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

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

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

Ker HC: In Non-Performance of Agreement, Buyer to Get Charge Over Property For Paying Purchase Price(01.03.2024)

Kerala High Court has held that where the non-performance is not due to fault of the buyer and seller, or where both are at blame/default, it cannot b.....

Tags : Kerala High Court, Non-Performance, Charge Over Property

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

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

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

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

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

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

SC: ‘Stridhan’ Absolute Property of Wife, Husband has No Control Over it(27.04.2024)

Supreme Court has reiterated that the husband can use ‘stridhan’ at times of distress but he has no title or independent dominion over the property as.....

Tags : Supreme Court, Absolute Property, Stridhan, Independent Dominion

SC: Tenants Possessing Watan Property on Tiller’s Day Entitled to Purchase Watan Property(18.03.2024)

Supreme Court has held that tenants that hold possession of Watan property on ‘Tiller’s Day’ are entitled to purchase the tenanted property under the .....

Tags : Supreme Court, Watan Property, Tiller’s Day

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

HP HC: Police Can Seize Property Only if Found Under Circumstances Creating Suspicion of Offence(13.03.2023)

Himachal Pradesh High Court has observing that Section 102 CrPC empowers Police Officer to seize property on existence of condition that property shou.....

Tags : Himachal Pradesh High Court, Police Officer, Property, Suspicion

All. HC: Cost Imposed on Party for Filing False Affidavit Before Authority to Grab Widow’s Property(24.05.2024)

All. HC has imposed a cost of Rs. 50,000 on a party for filing false affidavit before various quasi-judicial authorities in order to grab the land of .....

Tags : Allahabad High Court, Widow’s Property, False Affidavit

Bombay High Court: Can’t Use Senior Citizenship Act as Machinery to Settle Property Disputes(11.04.2024)

Bom. HC has held that provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used as machinery for settling property.....

Tags : Bombay High Court, Senior Citizenship Act, Property Disputes

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

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

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

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

Delhi High Court: Question of Property Title Can’t be Decided by Forums Under Senior Citizens Act(29.05.2024)

Del. HC has held that a reading of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 makes it clear that the forum under the Act do.....

Tags : Delhi High Court, Senior Citizens Act, Title of Property

Karnataka High Court: State Has to Pay Compensation if Money Belonging to Citizen is Retained(31.05.2024)

Kar. HC has held that if money belonging to a citizen in his property is retained by State entities falling under Article 12, that amounts to temporar.....

Tags : Karnataka High Court, Compensation, Acquisition of Property

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

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

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

JKL HC: Govt. Can't Act Arbitrarily as Owner With Right of Alienation Over Evacuee’s Property(14.06.2023)

Jammu and Kashmir and Ladakh High Court while observing that government is duty bound to safeguard, maintain, and effectively utilize evacuee properti.....

Tags : Jammu and Kashmir and Ladakh High Court, Evacuee Property, Alienation

Cal. HC: Without Prior Sanction of Waqf Board, Mutthwali Cannot Enter into Lease of Waqf Property(03.08.2024)

Calcutta High Court has held that the property concerned is a Waqf property and as has been held that once a Waqf it is always a Waqf and as on date w.....

Tags : Calcutta High Court, Waqf Property, Waqf Board

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

HP HC: Depiction of Property as Agricultural Land Doesn’t Exclude it from Purview of SARFAESI Act(12.05.2023)

Himachal Pradesh High Court has held that merely because revenue records shows secured properties as agricultural land, it is not sufficient to attrac.....

Tags : Himachal Pradesh High Court, SARFAESI Act, Property

SC: Property Purchaser Not Barred by Doctrine of Lis Pendens from Seeking Impleadment in Suit(12.07.2024)

Supreme Court has observed that there exists no bar to the impleadment of transferees pendente lite with notice. Permitting the impleadment of a trans.....

Tags : Supreme Court, Lis Pendens, Property Purchaser, Impleadment in Suit

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

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

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

SC: Title in Immovable Property Can’t be Conferred Through Will or General Power of Attorney(07.06.2023)

Supreme Court has held that in connection with Will (before death of executant) or General Power of Attorney, the practice of recognizing these docume.....

Tags : Supreme Court, Immovable Property, Title, Will, General Power of Attorney

SC: Executive Cannot Demolish Property of Accused Only on the Basis of Accusations(13.11.2024)

SC has held that only on the basis of the accusations, if the executive demolishes the property of an accused person without following the due process.....

Tags : Supreme Court, Property, Demolition

Cal. HC: Any Political Party Ransacking Government Office Must be Charged Appropriately(19.11.2024)

Calcutta High Court while hearing a plea against the ransacking of the panchayat samiti office, has observed that Government office is a public proper.....

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SC: Can’t Allow State to Appropriate Private Property through Adverse Possession(20.11.2024)

Supreme Court has observed that allowing the State to appropriate private property through adverse possession would undermine the constitutional right.....

Tags : Supreme Court, Adverse Possession, Private Property

SC: Co-Owner with Undetermined Share in Joint Property Can’t Transfer Entire Property(12.09.2024)

Supreme Court has held that a co-owner of a property whose share is undetermined in that property cannot transfer it entirely without its partition be.....

Tags : Supreme Court, Co-owner, Joint Property

SC: Alleged Involvement in Crime is No Ground for Demolition of Property(13.09.2024)

Supreme Court has observed that alleged involvement in crime is no ground for demolition of a property. Moreover the alleged crime has to be proved th.....

Tags : Supreme Court, Demolition of Property, Due Legal Process

MP High Court: Children Prolonging Proceedings at Cost of Father, Cannot be Allowed(18.09.2024)

MP HC while dismissing a plea filed by children of a senior citizen father concerning the ancestral property, has observed that the children have only.....

Tags : MP High Court, Ancestral Property, Senior Citizen

Delhi HC: Counting of Votes for DUSU Elections to be Allowed Once Defacement Cleaned Up(09.10.2024)

Delhi High Court has stated that counting of votes for the ongoing Delhi University Students' Union (DUSU) elections shall be allowed only after the d.....

Tags : Delhi High Court, DUSU Elections, Public Property

SC: Any Dispossessed Person Other Than Judgement Debtor Can Complain to Court of Such Dispossession(16.10.2024)

SC has stated that where any person other than judgment debtor is dispossessed of immovable property by decree holder for possession of such property,.....

Tags : Supreme Court, Judgement Debtor, Immovable Property

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