Tags : extradition, notified country, british possession, diplomatic channels
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ITAT, Mumbai: Claim Of Deduction to be Reckoned From Date of Possession of New Property(11.03.2022)
Income Tax Appellate Tribunal, Mumbai has ruled that an assessee's claim of deduction under Section 54 of the Income Tax Act, 1961 was to be reckoned .....
Tags : Income Tax Appellate Tribunal, Possession of New Property
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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
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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
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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
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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
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Del HC: Stay on Delhi Govt’s Circular Asking Private Unaided Schools to Get Sanction Before Fee Hike(02.05.2024)
Delhi High Court has stayed the circular issued by the Delhi Government making it mandatory for private unaided schools to get prior sanction from the.....
Tags : Delhi High Court, Delhi Government, Private Unaided Schools, Director of Education, Academic Session
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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
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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
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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
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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
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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
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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
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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
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#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
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#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
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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
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#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
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#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
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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
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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
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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
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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
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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
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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
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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
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SC: After Suit for Possession, Subsequent Suit for Arrears of Rent Maintainable(15.07.2024)
Supreme Court has held that after a suit for possession, a suit for arrears of rent in maintainable and observed that a second suit filed on a differe.....
Tags : Supreme Court, Arrears of Rent, Suit for Possession
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Supreme Court: House Delayed, Buyer Cannot be Compelled to Take Possession(05.08.2019)
Supreme Court has observed that a builder cannot “impose” upon a buyer to take possession of a ready house if it is delayed, and the customer is justi.....
Tags : Supreme Court, Possession
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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
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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
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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
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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
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SC: Sessions Court to Order Compensation to Victims of Cases Concerning Bodily Injuries(07.11.2024)
Supreme Court has directed that a Sessions Court, which adjudicates a case concerning the bodily injuries such as sexual assault etc. particularly on .....
Tags : Supreme Court, Sessions Court, Bodily Injuries
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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
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Supreme Court: Revenue Entries are Admissible as Evidence of Possession(21.11.2024)
Supreme Court has observed that, while it is true that revenue entries do not by themselves confer title, they are admissible as evidence of possessio.....
Tags : Supreme Court, Revenue Entries, Evidence of Possession
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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
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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'
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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
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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
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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
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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
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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
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RG Kar Rape-Murder Case: Convict Sentenced to Life Imprisonment(21.01.2025)
A Sessions Court in Kolkata has sentenced the accused in RG Kar rape and murder case to life imprisonment. The Court further held that the case did no.....
Tags : Life Imprisonment, Sessions Court, Death Sentence
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SC: Defence Colony Welfare Association to Remove Encroachment from Lodhi-era Shaikh Ali 'Gumti'(22.01.2025)
Supreme Court has directed the Defence Colony Welfare Association (DCWA), Delhi to handover peaceful possession of Lodhi-era Shaikh Ali 'Gumti' that t.....
Tags : Supreme Court, Defence Colony, Peaceful Possession
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“Tribhuvan” Sahkari University Bill Introduced in Lok Sabha(04.02.2025)
“Tribhuvan” Sahkari University Bill has been introduced in the Lok Sabha during the ongoing budget session of Parliament. The Bill aims to create a qu.....
Tags : “Tribhuvan” Sahkari University, Lok Sabha, Budget Session
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Ker. HC: Party in Possession of Properties Failing to Disclose it Throws Light on Suppression of Fact(13.02.2025)
Ker HC has held that when a party in possession of movable/s and immovable property/ies fails to disclose its details the same would throw light on th.....
Tags : Kerala High Court, Possession of Properties, Suppression of Facts
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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
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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
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NCLAT: Can’t Set Aside Liquidation Order u/s 33 IBC When 3rd Party has Taken Possession of Property(04.04.2025)
NCLAT New Delhi bench has held that liquidation order passed under Section 33(2) of the Insolvency and Bankruptcy Code, 2016 cannot be set aside once .....
Tags : NCLAT New Delhi, Liquidation Order, Possession of Property
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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
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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
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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
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Delhi HC: Conditional Order Must be Complied with Strictly(16.05.2025)
Delhi HC while refusing to interefere in Sessions Court’s order forfeiting the fixed deposit of accused for failing to comply with conditions, has sta.....
Tags : Delhi High Court, Sessions Court, Deposit of Accused
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Worshipper can't Maintain Suit for Recovery of Possession of Temple Property: Kerala HC(07.01.2019)
Kerala High Court has allowed a second appeal on principle that a worshipper cannot maintain a suit for recover of possession of property dedicated to.....
Tags : Kerala High Court, Recovery of Possession of Temple Property
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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
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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
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NCLAT: IRP Has Authority to Take Possession of Assets Owned by Corporate Debtor(20.05.2025)
NCLAT New Delhi bench has held that Interim Resolution Professional (IRP) has the authority to take possession of assets owned by the Corporate Debtor.....
Tags : NCLAT New Delhi, Corporate Debtor, Possession of Assets
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Delhi HC: Only a Sessions Court, Not an Ilaqa Magistrate, Can Order Further Probe After Committal(03.11.2025)
Delhi High Court ruled that once a case is committed, only the Court of Sessions can order further investigation, not an Ilaqa Magistrate. The court e.....
Tags : Sessions Court, Investigation, Magistrate
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HP HC: Mixing Contraband Pouches Before Sampling Raises Serious Doubts About Accused's Possession(27.11.2025)
Himachal Pradesh High Court granted bail to a Nepali national accused of possessing commercial opium, noting that the investigation was flawed because.....
Tags : Contraband, Sampling, Possession
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SC: HC Cannot Grant Pre-Arrest Bail Without Quashing FIR; Accused Must Approach Sessions Court First(05.12.2025)
Supreme Court recently reiterated that High Courts cannot grant pre-arrest bail while refusing to quash the FIR, emphasizing that the accused must fir.....
Tags : Bail, Quashing, Sessions Court
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MP HC: Trial Courts Cannot Grant Permanent Injunction in Title Suits Without Recovery of Possession(15.01.2026)
MP HC set aside a trial court order in a title suit, holding that the court erred in granting a decree of permanent injunction without awarding the co.....
Tags : Trial Courts, Injunction, Possession
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Supreme Court: Stamp Duty on an Agreement to Sell is Leviable Only if Possession is Transferred(16.01.2026)
Supreme Court ruled that under the Andhra Pradesh Stamp Act, stamp duty is not payable on an agreement to sell that does not provide for delivery of p.....
Tags : Stamp Duty, Agreement to Sell, Possession
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SC: Adverse Possession Plea Cannot Be Raised First Time in Appeal(12.08.2025)
The Supreme Court has held that adverse possession must be specifically pleaded, framed as an issue, and proved at trial. It cannot be introduced for .....
Tags : Supreme Court, Adverse Possession, Pleadings, Civil Procedure Code, Section 96
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Karnataka HC: Possession Warrant of Secured Asset Not Affected By Third-Party Rights(11.09.2025)
Karnataka HC ruled that secured assets under SARFAESI Act are not subject to third-party rights. Claims by third parties cannot be raised before a mag.....
Tags : Possession, Third-Party Rights, SARFAESI Act
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Sc: When Sale Deed Is Void, Possession Suit Follows 12-Year Limitation under Article 65, Not Art 59(15.09.2025)
SC rules suit for possession against a void sale deed follows 12-year limitation under Article 65, not 3 years under Art. 59 of Limitation Act, 1963......
Tags : Sale Deed, Possession Suit, Limitation
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Jharkhand HC: Revision Must First Be Filed In Sessions Court; HC Can Be Moved Directly In Rare Cases(16.09.2025)
Jharkhand High Court clarified that though Section 397 CrPC allows both the Sessions Court and High Court to exercise revisional jurisdiction, litigan.....
Tags : Sessions Court, Rare Cases, Revision
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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
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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
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HP HC Upholds Wife’s Claim of Adverse Possession after Husband’s Death(11.07.2025)
Himachal Pradesh High Court while upholding a wife’s claim of adverse possession after her husband's death, has observed that unauthorized possession .....
Tags : HP High Court, Husband’s Death, Adverse Possession
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Delhi High Court: Mere Possession of Drugs Under a Valid License Doesn’t Attract NDPS Act(29.07.2025)
Delhi High Court while granting bail to a man, has observed that mere possession of drugs or psychotropic substances under a valid license does not au.....
Tags : Delhi High Court, Possession of Drugs, Valid License
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SC: Sessions Court has Authority to Summon Additional Accused at Committal Stage(06.08.2025)
Supreme Court has held that Sessions Court has the authority to summon an additional accused to stand trial at the committal stage under Section 193 o.....
Tags : Supreme Court, Sessions Court, Section 193
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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
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Effect of Enactment can be determined by Competent Court only when approached by owner in accordance with law(03.01.2017)
Prayer in present writ petition is for an order restraining Respondent No. 1 from making any encroachment on Petitioner’s colony and from dispossessin.....
Tags : Encroachment, Dispossession, Validity
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Article 134 of Limitation Act, 1963 applicable “when sale becomes absolute” and not when sale was confirmed(11.01.2017)
Instant appeal arises out of order passed by High Court of Kerala allowing revision and thereby dismissing application filed by Appellant under Order .....
Tags : Sale, Possession, Delivery, Limitation
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Person holding premises gratuitously or as caretaker or servant would not acquire any interest in property even by long possession(06.01.2017)
Instant appeal challenges judgment passed by High Court of Bombay setting aside Order passed by Bombay City Civil Court. Said Notice of Motion was dis.....
Tags : Property, Possession, Caretaker, Interest
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Making of construction by spending of moneys would not make Appellant anything more than a licensee(01.05.2017)
Present Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed by Defendant in suit impugning concurrent judgments of.....
Tags : Property, Possession, Will
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Unless possession of a party is adverse to rights of real owners, plea of adverse possession should not be accepted(18.12.2017)
Appeal arises against the judgment and decree passed in Additional District Court. The Plaintiffs filed the suit for declaration, for recovery of poss.....
Tags : Title, Adverse possession, Rights
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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
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Once opposite parties were put in possession, then same will remain in possession over the land regarding which, decree has been executed(10.05.2018)
In facts of present case, an objection under Section 9 of the U.P. Consolidation of Holdings Act, 1953, was filed by the opposite parties, claiming ex.....
Tags : Land, Possession, Decree
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Without making a prayer for permanent injunction in plaint, no temporary injunction can be granted(05.06.2018)
By filing Review Petition, the Petitioners have prayed for review of the said order dated 15th September, 2017. In the review application, the Petitio.....
Tags : Possession, Injunction, Grant
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Unlawful possession of public property without having paid for same tantamounts to unjust enrichment(23.10.2018)
Present appeal is directed against order passed by the High Court wherein without issuance of notice to the Ghaziabad Development Authority ("GDA") an.....
Tags : Unlawful possession, Eviction, Grant
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A person cannot be punished twice for the same offence(24.10.2018)
The instant criminal appeal under Section 374 (2) of Code of Criminal Procedure, 1973 (CrPC) has been preferred by the Appellants, challenging the jud.....
Tags : Counterfeit currency, Possession, Conviction, Legality
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Executing court cannot go beyond the decree.(12.12.2018)
In instant matter, the Complainant purchased a shop. The said building including the said shop of the Complainant was re-developed by the Housing Soci.....
Tags : Shop, Possession, Direction
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A person approaching Court for redressal of grievance must place all relevant facts before Court clearly without any reservation even if those facts were against him(29.03.2019)
In Complaint case, it was stated that, Appellant/Complainant booked two units in Block-C in Commercial Complex project named "Conscient One" which was.....
Tags : Execution, Agreement, Possession, delivery
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Complaint cannot barred by limitation, where there is case of continuing cause of action(10.01.2018)
Instant first appeal has been filed under Section 19, read with Section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order, pas.....
Tags : Complaint, Maintainability, Possession
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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
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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
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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
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Courts should render all aid to the aggrieved party to enable him to derive the full benefits of the order(28.07.2015)
The High Court held that the jurisdiction of the Civil Court did not need to be invoked in order to enforce its order. In a matter where Deccan Chroni.....
Tags : sarfaesi, police, enforce, order, possession
read»
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
read»
Whenever money has been received by a party and when its refund is ordered, right to get interest follows, as a matter of course(25.04.2018)
In facts of present case, the complainant purchased plot in Central Greens, Sector 105 and the total sale price of the plot, in question, was fixed at.....
Tags : Plot, Possession, Deficiency, Compensation
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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
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Parties to the suit cannot travel beyond the pleadings; Court cannot record any finding on issues which are not part of pleadings(20.11.2017)
The Appellant is the Plaintiff whereas the Respondent is the Defendant in the civil suit out of which this appeal arises. The dispute involved in the .....
Tags : Possession, Shop, Encroachment
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No party has any vested right in the forum(05.02.2018)
Present revision application challenges the judgment made by the District Judge, (Appeal Court) allowing Civil Appeal instituted by Respondent Nos. 1A.....
Tags : Possession, Restoration, Bonafide need
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A party claiming adverse possession must prove that, his possession is peaceful, open and continuous(01.02.2018)
In instant case, Defendant No. 2 is the Appellant against a confirming judgment. Plaintiff-respondent No. 3 instituted the suit for declaration of tit.....
Tags : Adverse Possession, Title, Right
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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
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