22 April 2024

Search Results for Tag : session

International Cases

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

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

Tags : Possession, Prohibited drug, Sentence, Legality

Statute

Legislation passed in Winter Session, 2015(28.12.2015)

The Goods and Services Tax framework for a homogenous tax code may have been put to bed yet again, but Parliament did break through an early onset of .....

Tags : Parliament, winter session, 2015, legislation

Presidential assent concludes legislation season(11.01.2016)

Having been passed by the Parliament in its Winter Session, several Bills received Presidential assent on 31st December 2015 becoming the first Acts o.....

Tags : Legislation, 2016, winter session 2015

Houses of Parliament pass several Bills(14.03.2016)

The Lok Sabha and Rajya Sabha kept up frenetic legislative activity, passing several Bills in the ‘first half’ of the Budget session. Of note is the R.....

Tags : Budget session, 2016, parliament, legislation

Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016(07.03.2016)

The Union Government introduced the Aadhaar (Targeted Delivery of.....

Tags : aadhaar number, bill, budget session

Blast from the Past

Wide berth for government to secure extradition(10.01.1969)

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

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

Top Story

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

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

Tags : Notes, Possession, Legality

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

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

Tags : Notes, Possession, Legality

Legislation seems to be the hardest word()

With the impending conclusion of the Monsoon Session of the Parliament of India, the inconvenient question of how it bettered the nation for economic .....

Tags : Parliament, session, bills

News

Orissa HC Dismisses Challenge to Retirement of Former Additional District & Sessions Judge(15.04.2022)

Orissa High Court has dismissed challenge to a notification which notified the decision to compulsorily retire a former Additional District & Sessions.....

Tags : Orissa High Court, Retirement of Former Additional District & Sessions Judge

Kerala HC: Claiming Adverse Possession After Encroachment Into Public Road Not Admissible(28.02.2022)

Kerala High Court has ruled that a petitioner claiming the right of adverse possession after encroaching into a public road cannot be treated as a usu.....

Tags : Kerala High Court, Adverse Possession Into Public Road

Telangana HC Issues Notice in Plea Challenging Suspension of Assembly Budget Session(10.03.2022)

Telangana High Court has issued notices to Telangana Legislature Secretary in a writ petition filed by three BJP MLAs challenging their suspension fro.....

Tags : Telangana High Court, Suspension of Assembly Budget Session

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

Bombay HC: Flat Occupier Entitled to Transit Rent for Period of Dispossession During Redevelopment(11.04.2022)

Bombay High Court has held that the person in possession of a tenement being re-developed will be entitled to transit rent in the absence of a court o.....

Tags : Bombay High Court, tenement, possession, transit

Kerala HC: State to Upgrade System, FSL Reports to be Submitted Within 3 Weeks(13.04.2022)

Kerala High Court has released a man on bail and observed that the forensic science laboratories (FSL) in the State were collapsing and required an up.....

Tags : Kerala High Court, Forensic Science Laboratory Division, Sessions Court

Allahabad HC Directs Trial Court to Complete Examination of Private Witnesses on Same Day(25.05.2022)

Allahabad High Court has directed the Sessions Courts throughout the state to make an endeavor to complete the examination of the private witnesses, b.....

Tags : Allahabad High Court, Sessions Court, Private Witness

Orissa HC: Unlawful Possession Can't be Defended on Ground that Clause is Prospective in Nature(26.05.2022)

Orissa High Court has stated that an unlawful possession of a property, which does not bestow any right, cannot be defended only on the ground that th.....

Tags : Orissa High Court, Possession, Eviction

Kerala HC: Details of Funds in Possession Not Necessary in Plaint for Specific Performance(26.04.2022)

Kerala High Court has ruled that even if the plaintiff has not provided details of funds in her possession in a suit for specific performance or the w.....

Tags : Kerala High Court, specific performance, possession

SC: Pleas of Title and Adverse Possession Cannot be Advanced Simultaneously(27.08.2020)

Supreme Court has observed that plea of title and adverse possession cannot be advanced simultaneously and from the same date.

Tags : Supreme Court, Pleas of Title and Adverse Possession

SC: Presumption 'Possession Follows Title' Arises Only Where No Definite Proof of Possession(28.08.2020)

Supreme Court has observed that the presumption based on the maxim 'possession follows title' that possession must be deemed to follow title, arises o.....

Tags : Supreme Court, Presumption 'Possession Follows Title'

Gurugram Court: Bail Denied to Accused in GST Scam Case(03.06.2022)

Gurugram Sessions Court has denied bail application of an accused of GST scam allegedly involved in availing and passing on fraudulent ITC to non-exis.....

Tags : Sessions Court, Bail, GST Scam

P&H HC: Unregistered Agreement to Sell Can't be Accepted for Establishing Possession of Property(08.06.2022)

Punjab and Haryana High Court has held that an unregistered agreement to sell cannot be accepted by the Court for granting possession in favour of the.....

Tags : Punjab and Haryana High Court, Possession, Unregistered Agreement

Allahabad HC: Proceedings U/S 145 CrPC Has to be Discontinued if Suit for Possession is Pending(04.05.2022)

Allahabad High Court has observed that where a civil suit for possession or declaration of the title with regard to the same property is pending, the .....

Tags : Allahabad High Court, Section 145, Code of Criminal Procedure, 1973, Possession

Bombay HC Acquits Man on Death Row Convicted of Double Murder Citing Fabrication of Evidence(09.05.2022)

Bombay High Court has acquitted Guddu Krish Yadav who was sentenced to death penalty by the Palghar sessions court for the double murder of a colleagu.....

Tags : Bombay High Court, Palghar sessions court, death penalty, double murder, theft

Bombay HC Acquits Man on Death Row Convicted of Double Murder Citing Fabrication of Evidence(09.05.2022)

Bombay High Court has acquitted Guddu Krish Yadav who was sentenced to death penalty by the Palghar sessions court for the double murder of a colleagu.....

Tags : Bombay High Court, Palghar sessions court, death penalty, double murder, theft

Sessions Court, Mumbai Rejects Bail Application Filed by Rhea Chakraborty in NDPS Cases(11.09.2020)

Session Court, Mumbai has rejected the bail Applications filed and Rhea Chakraborty and her brother, Showik in Narcotic Drugs and Psychotropic Substan.....

Tags : Sessions Court, Mumbai, Rhea Chakraborthy

SC Upholds Dismissal of Sessions Judge for Altering Sentence in a Murder Case(12.07.2022)

Supreme Court has dismissed a writ petition filed by an Additional Sessions Judge from Madhya Pradesh challenging the termination of her service for p.....

Tags : Supreme Court, Sessions Judge, Murder Case

Kar. HC: Criminal Trespass Complaint Can't be Made if Property is Not in Possession of Complainant(13.07.2022)

Karnataka High Court has held that a complaint of criminal trespass cannot be made if the property on which the accused is alleged to have trespassed .....

Tags : Karnataka High Court, Criminal Trespass, Possession

Orissa HC: Possession Not Proved Merely by Sitting in Vehicle from Which Contraband is Seized(13.07.2022)

Orissa High Court has held that a person merely sitting in a vehicle from which contrabands were seized does not necessarily point to the fact that th.....

Tags : Orissa High Court, Possession, Contrabands

SC: Time Limit Stipulation Mandating DM to Deliver Possession of Secured Asset Only Directory(06.11.2020)

Supreme Court has held that time limit stipulation in Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur.....

Tags : Supreme Court, Delivery of Possession of Secured Asset

Bombay HC Extends All Interim Orders Relating to Eviction, Demolition & Dispossession(30.10.2020)

Bombay High Court has directed extension of all interim orders relating to eviction, demolition and dispossession by the High Court as well as subordi.....

Tags : Bombay High Court, Extension of Interim Orders on Eviction, Demolition & Dispossession

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

SC: Mere Offer of Refund Does Not Disentitle Flat Buyers from Claiming Compensation(22.12.2020)

Supreme Court has observed that the flat purchasers are not disentitled from claiming compensation merely because the developer offered an exit option.....

Tags : Supreme Court, Compensation for Delayed Possession

Bombay HC: Possession of Skin of Dead Cows or Bullocks Not an Offence(22.12.2020)

Bombay High Court has ruled that there is no prohibition for the possession of skin of dead animals and in absence of such prohibition; no offence wou.....

Tags : Bombay High Court, Possession of Skin of Dead Cows or Bullocks

Delhi HC Rejects Plea of Urgent Hearing to Stop Assembly Session(19.01.2017)

Delhi High Court has refused to grant urgent hearing on a petition seeking direction that Delhi Government be stopped from going ahead with two-day wi.....

Tags : Delhi High Court, Assembly Session

SC Urges Patna HC to Drop Proceedings Against Judge for Deciding POCSO Cases Within Days(09.08.2022)

Supreme Court has urged the Patna High Court to drop all disciplinary proceedings initiated against a suspended Additional Sessions Judge from Bihar f.....

Tags : Supreme Court, Patna High Court, POCSO, Session Judge

Delhi HC Quashes FIR Against US Citizen Carrying Cartridge at IGI Airport(01.08.2022)

Delhi High Court while quashing FIR registered against US citizen found in possession of live ammunition at Delhi Airport, has held that conscious pos.....

Tags : Delhi High Court, Arms Act, Conscious Possession

Mumbai Sessions Court Dismisses Bail Apllication of Ex-CEO of BARC, Partho Dasgupta(21.01.2021)

Mumbai Sessions Court has dismissed the bail application of Partho Dasgupta, ex-CEO of the Broadcast Audience Research Council (BARC), who was arreste.....

Tags : Mumbai Sessions Court, Partho Dasgupta

Cal. HC: State Can't Claim Title to Land Belonging to Citizens by Using Adverse Possession Doctrine(03.10.2022)

Calcutta High Court has observed that the State, professing to be a welfare state, cannot claim to have perfected its title over a piece of land by in.....

Tags : Calcutta High Court, Adverse Possession, Land

Bombay HC Seeks Goa Govt’s Response Over Summoning Assembly Session(15.02.2017)

Bombay High Court has directed Goa Government to inform Court the stand of Government in view of Supreme Court judgments making it mandatory to conven.....

Tags : Bombay High Court, Supreme Court, Assembly Session

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

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

Tags : Supreme Court, Casual Act of Possession

Delhi HC: Unconscious Possession of Firearms Not to Attract Arms Act, 1959(05.01.2021)

Delhi High Court has reiterated that "unconscious possession" of firearms would not attract the rigours of the Arms Act, 1959 while hearing a criminal.....

Tags : Delhi High Court, Unconscious Possession of Firearms

Kar. HC: Application For Recording Statement Of Accused Can Only be Made Before Sessions Court(21.10.2022)

Karnataka High Court has said that in light of the statutory framework of Prevention of Money Laundering Act, applications for recording statements of.....

Tags : Karnataka High Court, Prevention of Money Laundering Act, Special, Sessions

Sessions Court Rejects Rajasthan Government’s Plea Against Salman Khan in Arms License Case(12.02.2021)

Sessions Court has rejected the Rajasthan Government's plea against the actor and acquitted him of the charge for the allegations of submitting a fals.....

Tags : Sessions Court, Salman Khan

Lucknow Court Denies Bail to Siddique Kappan in PMLA Case(01.11.2022)

Lucknow Sessions Court has rejected the bail plea filed by Kerala journalist Siddique Kappan in connection with a Prevention of Money Laundering Act (.....

Tags : Lucknow Sessions Court, Siddique Kappan, PMLA

Cal. HC: Order Of Acquittal in Cheque Bounce Case Can't be Challenge Before Sessions Court(04.11.2022)

Calcutta High Court has held that appeal against the order of acquittal of the accused in a cheque bounce case can be filed only before the High Court.....

Tags : Calcutta High Court, Cheque Bounce, Session Court

Madras HC: Revenue Divisional Officer Not Empowered to Order Recovery of Possession(12.12.2022)

Madras High Court has held that the Revenue Divisional Officer, which is a rent authority, does not have powers to order for recovery of possession as.....

Tags : Madras High Court, Possession, Revenue Divisional Officer

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

Sessions Court, Mumbai Grants Interim protection to Actor Madhur Mittal in Sexual Assault Case(15.03.2021)

Sessions Court, Mumbai has granted actor Madhur Mittal interim protection from arrest till 26th March 2021, in a sexual assault case filed against him.....

Tags : Sessions Court, Madhur Mittal

Kerala HC Refuses Judge’s Plea To Expunge Critical Remarks Made Against Him in a Criminal Trial(21.04.2017)

Kerala High Court has refused a Judge’s plea to expunge certain remarks made in a judgment in which some critical observations were made against him, .....

Tags : Kerala High Court, Sessions Judge

NCDRC to DLF Universals: Refund Entire Amount for Delay in Handing Over Possession(10.01.2023)

National Consumer Dispute Redressal Commission (NCDRC) has directed DLF Universal to refund entire principal amount of Rs. 37,73,154/- to the complain.....

Tags : NCDRC, DLF Universal, Compensation, Possession

NCDRC to DLF Universals: Refund Entire Amount for Delay in Handing Over Possession(10.01.2023)

National Consumer Dispute Redressal Commission (NCDRC) has directed DLF Universal to refund entire principal amount of Rs. 37,73,154/- to the complain.....

Tags : NCDRC, DLF Universal, Compensation, Possession

Faridabad Sessions Court Sentences Both Convicts to Life Imprisonment in Nikita Tomar Murder Case(30.03.2021)

Faridabad Sessions Court has sentenced both the convicts namely Tausif and Reehan in the Nikita Tomar Murder case to life imprisonment.

Tags : Faridabad Sessions Court, Nikita Tomar

Mumbai Sessions Court Dismisses Revision Petition Against Summons in Javed Akhtar's Defamation Case(06.04.2021)

Mumbai Sessions Court has rejected the revision application by actor Kangana Ranaut seeking to suspend the proceedings against her in the criminal def.....

Tags : Mumbai Sessions Court, Kangana Ranaut, Javed Akhtar's Defamation Case

Delhi HC Dismisses Plea Challenging House Session(10.04.2019)

Delhi High Court has dismissed a plea challenging legality of a two-day winter session of Delhi Legislative Assembly held on January 17-18, 2017 on th.....

Tags : Delhi Court, Legislative Assemble, House Session

SC Criticizes Punjab CM and Governor Over Delay in Summoning of Budget Session(01.03.2023)

Supreme Court while criticizing both Chief Minister of Punjab and Governor for the dereliction stating that constitutional dialogue between functionar.....

Tags : Supreme Court, Chief Minister, Governor, Budget Session

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

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

Tags : All HC, Possession

HP HC: Revenue Officer has Discretion to Convert Itself to Civil Court to Decide Plea of Possession(06.03.2023)

Himachal Pradesh High Court while observing that while adjudicating the plea of adverse possession revenue officer has discretion, either to convert i.....

Tags : Himachal Pradesh High Court, Adverse Possession, Discretion

Madras HC Quashes ‘Worst Judgment’, Says 'Let This be Last Ruling Ever Written on Communal Grounds'(28.04.2017)

Madras High Court has set aside a Judgment delivered by District & Sessions Judge No.II, Kancheepuram observing that impugned judgment is a classic ex.....

Tags : Madras High Court, District & Sessions Judge No.II, Kancheepuram

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

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

Tags : Supreme Court, Adverse Possession

District and Sessions Court, Pathankot Convicts Six and Acquits One in Kathua Rape Case(10.06.2019)

District and Sessions Court Pathankot held six of the eight accused in the rape and murder of an eight-year-old nomadic girl in Kathua including the .....

Tags : Kathua Rape Case, District and Sessions Court

Kathua Rape Case : District and Sessions Court, Pathankot Sentences Three Accused to Life Term(11.06.2019)

District and Sessions Judge Pathankot Tejwinder Singh has pronounced sentence in the ghastly crime relating to gang rape and murder of an eight year o.....

Tags : Kathua Rape Case, District and Sessions Court

SC: If Parties Fail to Establish Title, Facts Related to Prior Possession Becomes Relevant(31.03.2023)

Supreme Court has held that when facts disclose no title in either party, at the relevant time, prior possession alone decides the right to possession.....

Tags : Supreme Court, Possession, Relevant

Mumbai Court: Woman Groped on Street Can't be Prosecuted as Participant to Crime(12.04.2023)

Mumbai Sessions Court while upholding discharge of Shilpa Shetty in a 2007 obscenity case has observed that a woman being groped on the street can’t n.....

Tags : Mumbai Sessions Court, Obscenity, Shilpa Shetty, Discharge

Mumbai Court: Woman Groped on Street Can't be Prosecuted as Participant to Crime(12.04.2023)

Mumbai Sessions Court while upholding discharge of Shilpa Shetty in a 2007 obscenity case has observed that a woman being groped on the street can’t n.....

Tags : Mumbai Sessions Court, Obscenity, Shilpa Shetty, Discharge

#Monsoon Session: Lok Sabha Passes Bills Extending CGST, IGST to J&K(03.08.2017)

Lok Sabha has passed two bills extending Central GST and Integrated GST to Jammu and Kashmir.

Tags : Monsoon Session, Lok Sabha

#Monsoon Session: Rajya Sabha Passes RTE Amendments(03.08.2017)

Rajya Sabha has passed Right of Children to Free and Compulsory Education (Amendment) Bill, 2017, which aims to provide a two-year window to around 11.....

Tags : Monsoon Session, Rajya Sabha

Bengaluru Court Directs Former Prime Minister HD Devegowda to Pay Damages in Defamation Suit(23.06.2021)

City Civil and Session Court, Bengaluru has directed former Prime Minister HD Devegowda to pay Rs. 2 crore as damages to the Nandi Infrastructure Corr.....

Tags : City Civil and Session Court, Bengaluru, Former Prime Minister HD Devegowda

Madras High Court Raps Trial Court for Wrong Conviction(16.12.2015)

Madras HC has pulled up a Sessions Court for having convicted five people under wrong provisions of law in a highway robbery case and set aside convic.....

Tags : Madras HC, Wrong Conviction, Sessions Court

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

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

Tags : Supreme Court, Possession

P&H HC Denies Bail to Accused Found in Possession of Contraband Intoxicant Tablets(02.07.2021)

Punjab and Haryana High Court has observed that showing sympathy towards alleged drug peddlers at the time of granting bail often proves counterproduc.....

Tags : Punjab and Haryana High Court, Accused Found in Possession of Contraband Intoxicant Tablets

Mumbai Sessions Court Acquits Two Accused in 2002 Best Bakery Case(14.06.2023)

Mumbai Sessions Court has acquitted two accused in second part of the 2002 Best Bakery case in Gujarat. The two accused were absconding when the other.....

Tags : Mumbai Sessions Court, Best Bakery Case, Acquitted

11 Women Jailed for Outraging Modesty of a 22-Year-Old Woman in Sewri in 2010(30.12.2015)

A Mumbai Sessions Court, while rejected defence plea that women cannot be held guilty under charge of outraging modesty of a woman, has sentenced 11 w.....

Tags : Outraging Modesty , Mumbai Sessions Court

Gujarat HC Questions Gujarat State Government for Detaining People for Possession of Remdesivir(28.07.2021)

Gujarat High Court has questioned the Gujarat State Government for detaining people under Prevention of Anti-Social Activities, 1985 (PASA) for posses.....

Tags : Gujarat High Court, Detaining People for Possession of Remdesivir

#Monsoon Session: Lok Sabha Passes Bill to Amend Companies Law(28.07.2017)

Lok Sabha has passed legislation aimed at strengthening corporate governance standards, allowing for strict action against defaulting companies and im.....

Tags : Monsoon Session, Lok Sabha

#Monsoon Session: Rajya Sabha Passes Bill Empowering Centre to Collect Statistical Data from J&K(28.07.2017)

Rajya Sabha has passed a bill empowering Centre to collect statistical data from Jammu and Kashmir.

Tags : Monsoon Session, Rajya Sabha

Del HC: Can’t Restrict Discretion to Choose HC or Session Court for Anticipatory Bail Plea(12.06.2023)

Delhi High Court has held that it is discretionary for the Applicant either to approach the High Court or the Court of Session since both the Court ha.....

Tags : Delhi High Court, Discretion, Anticipatory Bail, Session Court

MP HC: Possession of Medicine Containing Narcotic Substances Without Valid Documents is Offence(09.08.2021)

Madhya Pradesh High Court has held that possession of cough syrup or medicine containing narcotic substances without valid documents will attract the .....

Tags : Madhya Pradesh High Court, Possession of Medicine Containing Narcotic Substances

Bombay HC Extends Protective Orders Against Evictions and Dispossessions Till August 30(11.08.2021)

Bombay High Court has refused to continue its unconditional extension of all interim orders in Maharashtra beyond 30th August, 2021, given the improvi.....

Tags : Bombay High Court, Protective Orders Against Evictions and Dispossessions

SC: When Land Belonging to Govt. is Subject to Adverse Possession, Courts Must Exercise Greater Care(11.08.2023)

Supreme Court has held that when the land wherein adverse possession has been claimed, belongs to the Government, the Court is duty-bound to act with .....

Tags : Supreme Court, Adverse Possession, Land, Government

SC: Court Must First See if Case Falls Within 'Culpable Homicide Not Amounting to Murder'(11.08.2023)

Supreme Court has held that a duty is enjoined upon the Court of Sessions to undertake an exercise and to satisfy itself whether a case of culpable ho.....

Tags : Supreme Court, Culpable Homicide Not Amounting to Murder, Sessions Court

Supreme Court Clarifies Plaintiff can Claim Title to Property Based on Adverse Possession(27.09.2019)

Supreme Court has clarified that a Plaintiff can claim title to the property based on adverse possession. The Court further observed that the plea of .....

Tags : Supreme Court, Adverse Possession

Bombay HC: Sessions Court Rejecting Anticipatory Bail Application to Grant 3 days to Avoid Arrest(24.08.2021)

Bombay High Court has held that a Sessions Court rejecting the anticipatory bail application should grant interim protection for at least three workin.....

Tags : Bombay High Court, Sessions Court Rejecting Anticipatory Bail Application

P&H HC: Possession of Contraband Need Not Necessarily Attract NDPS Provisions(07.09.2021)

Punjab and Haryana High Court has reiterated that possession of contraband by a person is not necessary to attract the rigors of the Narcotic Drugs an.....

Tags : Punjab and Haryana High Court, Possession of Contraband

SC: Can’t Dismiss Execution Petition Merely Because Property's Possession is Lost to Third Party(28.08.2023)

Supreme Court has held that Court can’t dismiss an execution petition as inexecutable, merely on the basis that the property has been lost to a third .....

Tags : Supreme Court, Execution Petition, Possession, 3rd Party

SC: To Claim Right U/S 14 Hindu Succession Act, Woman Must Have Possession of Property(29.08.2023)

Supreme Court has held that the essential ingredient of Section 14(1) of Hindu Succession Act, 1956 is possession over the property and therefore in o.....

Tags : Supreme Court, Hindu Succession Act, Woman, Possession

Sessions Court Pune Rejects Bail Plea of 6 Accused in Koregaon-Bhima Case(07.11.2019)

Sessions Court in Pune has rejected the bail pleas of six accused for allegedly giving inflammatory speeches that sparked violence in Koregaon-Bhima i.....

Tags : Sessions Court, Koregaon-Bhima Case

P&H HC: Owner of Property Can’t be Divested from Possession Based on Use of Land(10.10.2023)

Punjab and Haryana High Court has held that Municipal Corporation can’t change the nature of the property to dump site merely because garbage is throw.....

Tags : Punjab and Haryana High Court, Possession, Dump Site

Delhi HC: Where No Conscious and Knowledgeable Possession of Firearm, Case Cannot Proceed(30.01.2020)

Delhi High Court has held that if there is nothing in the First Information Report which indicates a conscious and knowledgeable possession of a firea.....

Tags : Delhi High Court, Possession of Firearms

SC: Suit Seeking Damages for Illegal Use of Property Maintainable After Filing Suit for Possession(04.12.2023)

Supreme Court has held that a suit for possession and suit for claiming damages for use and occupation of the property are two different causes of act.....

Tags : Supreme Court, Suit for possession

President Kovind Says 'Unacceptably Low' Number of Judges from Weaker Sections in Higher Judiciary(29.11.2017)

President Kovind Says 'Unacceptably Low' Number of Judges from Weaker Sections in Higher Judiciary

Tags : Telling the higher judiciary that it was its "sacred duty" to "groom" district and sessions judges and raise their skill so that more and more of them can be elevated to High Courts, President Kovind said "We need to take long-term measures to remedy this situation."

Journalists Appeal Against Jail Term For 'Breach of Privilege', Karnataka High Court to Hear on Monday(29.11.2017)

Journalists Appeal Against Jail Term For 'Breach of Privilege', Karnataka High Court to Hear on Monday

Tags : The Assembly, during its ongoing winter session, re-confirmed the one-year-jail term and Rs 10,000 fine for writing articles that "breached the privilege of MLAs".

SC: Bail Cannot be Granted Merely on Finding of Absence of Possession of Contraband(23.09.2021)

Supreme Court has observed that bail cannot be granted to an accused under Narcotic Drugs and Psychotropic Substances Act, 1985 merely on a finding of.....

Tags : Supreme Court, Absence of Possession of Contraband

SC: Tenants Ought to be in Actual Possession of Premises to Avail Benefit of Tenants Protection Act(15.11.2021)

Supreme Court has reiterated that the tenants ought to be in actual possession of the premises to avail the benefit of Section 9 of the Tamil Nadu Cit.....

Tags : Supreme Court, Tenants Ought to be in Actual Possession of Premises

Supreme Court: Long Continuous Possession by Itself Cannot be Termed as Adverse Possession(16.01.2020)

Supreme Court has reiterated that long and continuous possession by itself cannot be termed as adverse possession to perfect title within the meaning .....

Tags : Supreme Court, Adverse Possession

Delhi HC Dismisses Plea by Sultana Begum Seeking Possession of Red Fort(21.12.2021)

Delhi High Court has dismissed a plea filed by one Sultana Begum, seeking possession of Red Fort, claiming herself to be the widow of the great grands.....

Tags : Delhi High Court, Possession of Red Fort

Delhi HC: No Requirement for CMM to Fix Time Limit for Taking Possession of Secured Asset(17.12.2021)

Delhi High Court has held that there is no requirement or justification for a Chief Metropolitan Magistrate to fix a time limit for taking possession .....

Tags : Delhi High Court, Fix Time Limit for Taking Possession of Secured Asset

Supreme Court Explains The Principles of Adverse Possession(15.02.2024)

Supreme Court while stating that a person pleading adverse possession has no equities in his favor because seeking such possession is attempting to de.....

Tags : Supreme Court, Adverse Possession, Owner's Rights

SC: Suit For Title Without Seeking Recovery of Possession Not Main. When Plaintiff Not in Possession(16.02.2024)

Supreme Court has reiterated that a suit that has been filed for declaration of title and the recovery of possession has not been sought is not mainta.....

Tags : Supreme Court, Recovery of Possession, Declaration of Title

Supreme Court Rejects Himachal Pradesh Government’s “Adverse Possession” of Woman’s Land(09.01.2020)

Supreme Court has directed Himachal Pradesh Government to pay compensation along with Rs. 10 Lakhs Litigation Costs to an 80- year old woman whose lan.....

Tags : Supreme Court, Adverse Possession

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

Mad. HC: Under NDPS Act, Conscious Possession With Physical Possession Essential Element For Offence(26.02.2024)

Madras High Court has held that under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) physical, as well as mental possession of drugs,.....

Tags : Madras High Court, Conscious Possession, Physical Possession

Rajasthan HC Directs State to Decide on Plea Seeking Grant of Possession of Land by War Widow(21.01.2022)

Rajasthan High Court has directed the state government to decide on a war widow's plea seeking grant of possession and document of title of the land a.....

Tags : Rajasthan High Court, Grant of Possession of Land by War Widow

SC: Sessions Judge has Power to Issue Process Against Accused in Offences Under IBC, 2016(22.04.2024)

SC while upholding issuance of process by sessions judge in an offence committed under Insolvency and Bankruptcy Code, 2016 (IBC), has observed that S.....

Tags : Supreme Court, Insolvency and Bankruptcy Code, Sessions Judge

Bombay HC: Court of Additional Sessions Judge Not Special Court to Try Offences Under IBC(17.02.2022)

Bombay High Court has ruled that the Court of Additional Sessions Judge is not Special Court in terms of Section 236 of the Insolvency and Bankruptcy .....

Tags : Bombay High Court, Court of Additional Sessions Judge

Karnataka HC Directs Registry to Post Additional Sessions Judge for Training in Mysuru(17.02.2022)

Karnataka High Court has directed its Registry to post an Additional Session Judge, Mysuru, for training in the Judicial Academy in order to make him .....

Tags : Karnataka High Court, Additional Sessions Judge

Raj HC: Cognizance Can be Taken by Sessions Court Against Accused Who Haven’t Yet Been Chargesheeted(19.04.2024)

Rajasthan High Court has held that the Court of Sessions is empowered to take cognizance against those accused persons under Section 193 Code of Crimi.....

Tags : Rajasthan High Court, S. 193 CrPC, Investigating Agency, Court of Sessions

Independent Prosecution by De Facto Complainant Not Permissible in Sessions Case: SC(23.05.2018)

Supreme Court has set aside an order of High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh that allowed a de facto c.....

Tags : Supreme Court, Sessions Case

Ker HC: If Accused Holds Joint Possession of Property Then No Offence of Criminal Trespass Attracted(19.03.2024)

Kerala High Court has held that in cases where there is a property in question which is held by the accused under joint possession then no offence of .....

Tags : Kerala High Court, Section 449 of IPC, Joint Possession, Criminal Trespass

Supreme Court: Actual Owner of the Property Must be Known to the Party Claiming Adverse Possession(21.03.2024)

Supreme Court has held that when a party claims adverse possession, he must know who the actual owner of the property is. Secondly, he must plead that.....

Tags : Supreme Court, Uninterrupted Possession, Adverse Possession

Judgments

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

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

Tags : Government bungalows, Possession

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

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

Tags : Encroachment, Dispossession, Validity

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

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

Tags : Sale, Possession, Delivery, Limitation

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

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

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

Tags : sarfaesi, police, enforce, order, possession

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

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

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

Tags : Title, Adverse possession, Rights

Magistrate can exercise his discretion suo moto or on an application of any of parties(27.12.2017)

The Petitioners have filed present application under Section 482 of the Criminal Procedure Code, 1973 (CrPC) for quashing the impugned order passed by.....

Tags : Cognizance, Committal, Court of Session

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

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

Tags : Land, Possession, Decree

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

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

Tags : Possession, Injunction, Grant

Executing court cannot go beyond the decree.(12.12.2018)

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

Tags : Shop, Possession, Direction

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

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

Tags : Unlawful possession, Eviction, Grant

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

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

Tags : Counterfeit currency, Possession, Conviction, Legality

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

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

Tags : Execution, Agreement, Possession, delivery

Whenever House resumes after it is adjourned sine die, its resumption does not amount to commencement of session(09.04.2019)

The Petitioner has filed the present petition praying that, present Court may issue writ of Mandamus or any other appropriate writ, order or direction.....

Tags : Legislative Assembly, Session, Resumption

If the delay in possession is due to Force Majeure, it cannot be claimed that the Corporate Debtor defaulted in delivering the possession.(22.01.2020)

The Respondents, in the present case, had booked an apartment in a residential project. The Corporate debtor had issued a joint allotment letter and e.....

Tags : Corporate Debtor, Possession

Recovery of interest on delayed period even though claimed after taking possession is maintainable(14.03.2019)

In facts of present case, Appellant-allottee has challenged the final order passed by Learned Member and Adjudicating Officer of MahaRERA Authority in.....

Tags : Delayed possession, Interest, Entitlement

Authority has complete jurisdiction to decide complaint in regard to non-compliance of obligations by the promoter(05.02.2019)

A complaint was filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016 read with rule 28 of the Haryana Real Estate (Regulat.....

Tags : Delayed possession, Refund, Entitlement

Promoter is liable to pay interest to the complainant on failure to fulfil his obligation(28.02.2019)

A complaint was filed under section 31 of the Real Estate (Regulation and Development) Act, 2016 read with rule 28 of the Haryana Real Estate (Regulat.....

Tags : Delayed possession, Interest, Legality

In exercise of jurisdiction vested in present Court under Article 227 of the Constitution, Court is not to reappraise facts(27.07.2021)

Present petition has been filed by the Plaintiff before the learned Trial Court under Article 227 of the Constitution of India, 1950 praying that the .....

Tags : Possession, Injunction, Entitlement

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

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

Tags : Possession, Restoration, Bonafide need

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

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

Tags : Adverse Possession, Title, Right

Civil court cannot declare orders passed by the authorities under the ULC Act as illegal or non-est(22.11.2021)

In present matter, the trial Court by the judgment and decree decreed the suit on the ground that, possession has not been taken, before the Urban Lan.....

Tags : Possession, Suit, Jurisdiction

Mere raising of certain claim in the suit and fact that issues require determination before trial court does not give a blanket right to the Plaintiff to claim the interim relief in the suit(27.12.2021)

The Appellant through the medium of the present appeal seeks setting aside of order passed by the learned Court of Principal District Judge, whereby t.....

Tags : Legal possession, Interim relief, Entitlement

District Magistrate or Chief Metropolitan Magistrate can appoint an advocate and authorise him/her to take possession of the secured assets under Section 14(1A) SARFAESI Act(25.02.2022)

The seminal question involved in present cases is whether it is open to the District Magistrate or the Chief Metropolitan to appoint an advocate and a.....

Tags : Possession, Secured assets, Authorization

Inter-departmental communications cannot be relied upon as a basis to claim any right(30.08.2022)

The challenge in the present appeal is to a judgment passed by the High Court whereby the order passed by the learned Single Judge was upheld. The wri.....

Tags : Land, Allotment, Possession

A relief of permanent injunction cannot be sought on the basis of an unregistered document(23.09.2022)

The Respondent – original Plaintiff instituted Original Suit before the learned trial Court for permanent injunction only. The said suit was filed on .....

Tags : Injunction, Possession, Validity

Tenancy is permissive, tenant cannot claim adverse possession(03.01.2024)

The Plaintiff is in appeal assailing the correctness of the judgment passed by the Allahabad High Court allowing Second Appeal whereby, both the judgm.....

Tags : Possession, Title, Right

When a public functionary is required to perform a public function within a time frame, the same will be held to be directory unless specified(05.11.2020)

The challenge in the present appeal is to an order passed by the High Court, whereby it was held that Section 14 of the Securitisation and Reconstruct.....

Tags : Secured Assets, Possession, Time limit

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

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

Tags : Complaint, Maintainability, Possession

In exercise of writ jurisdiction under Article 226 of the Constitution, factual determination of rights cannot be undertaken(23.10.2023)

Challenge raised in the present writ petition filed under Article 226 of the Constitution of India, 1950 is to the decision taken as indicated in the .....

Tags : Possession, Public utility, Legality

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

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

Tags : Possession, Shop, Encroachment

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

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

Tags : Plot, Possession, Deficiency, Compensation

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

Supersession of notification number S.O. 3591(E)(12.01.2017)

WHEREAS, in exercise of the powers conferred by Section 18 of the Citizenship Act, 1955 (57 of 1955), the Central Government framed the Citizenship (R.....

Tags : Enumeration, Completion, Notification, Supersession

Supersession of Notification Number 17/2020-Central Tax, dated the 23rd March, 2020(23.02.2021)

In exercise of the powers conferred by sub-section (6D) of section 25 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this .....

Tags : Supersession, Notification, Provision

Supersession of notification numbers S.O. 12(E), dated the 5th January, 2007 and S.O. 36(E), dated the 5th January, 2009(04.03.2021)

In exercise of the powers conferred by sub-section (1) of section 7B of the Citizenship Act, 1955 (57 of 1955) and in supersession of the notification.....

Tags : Supersession, Notification, Rights, OCI

Supersession of notification number S.O. 1575(E) dated the 16th May, 2017(29.04.2019)

Whereas, in exercise of the powers conferred by sub-section (1) of section 11 of the National Investigation Act, 2008 (34 of 2008) (hereinafter referr.....

Tags : Supersession, Notification, Appointment

Dates for Winter Session of Parliament announced(09.11.2015)

The Cabinet Committee on Parliamentary Affairs recommended convening the Winter Session of Parliament from 26 November to 23 December 2015. The first .....

Tags : Parliament, winter session, 2015

Budget session 2016 from 23 February till 13 May(04.02.2016)

The Budget Session of the Parliament in 2016 will begin 23rd February and end on 13th May. The Sessions is expected to have a total of 31 sittings ove.....

Tags : Budget, session, 2016, parliament

Parliament’s monsoon session begins 18 July 2016(29.06.2016)

Parliament will convene in its Monsoon session between 18 July and 12 August, 2016.

20 sittings of the Houses are planned over 26 days, wit.....

Tags : parliament, monsoon session 2016

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