Immovable Property Disputes

[Stamp Duty] Appellate authority has power to enhance the market value of the property in appeal of registrants of Sale Deed, Supreme Court

By team of Advocate Retainer June 15, 2020 - 12:30

[Stamp Duty] Appellate authority has power to enhance the market value of the property in appeal of registrants of Sale Deed, Supreme Court

The SC on June 15, 2020 {THE INSPECTOR GENERAL OF REGISTRATION, TAMIL NADU AND ORS. vs K. BASKARAN} held that a statutory functionary exercising a...

Posted in Delegation of Power, Section 47A of the Indian Stamp Act, Statutory Provision: Directory or Mandatory, Suo Motu Revision

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[Amrapali Case] SC directs NBCC be not made party in any litigation by aggrieved persons

By team of Advocate Retainer June 10, 2020 - 12:00

[Amrapali Case] SC directs NBCC be not made party in any litigation by aggrieved persons

The SC on June 10, 2020 {BIKRAM CHATTERJI & ORS. vs. UNION OF INDIA & ORS.} directed that the banks and financial institutions to release ...

Posted in Amrapali Builder

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Non-filing of WS does not result in grant of Probate of Will, the propounder is to satisfy the conscience of the Court with removal of suspicious circumstances: SC

By team of Advocate Retainer May 21, 2020 - 02:00

Non-filing of WS does not result in grant of Probate of Will, the propounder is to satisfy the conscience of the Court with removal of suspicious circumstances: SC

The SC on May 19, 2020 {KAVITA KANWAR v. PAMELA MEHTA & ORS} held that the Trial Court has returned the findings against the appellant after d...

Posted in Admission by defendant, Non-filing of WS, Probate, Will

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To lead Secondary evidence, factual foundation for existence of primary evidence is to be laid down; SC

By team of Advocate Retainer May 13, 2020 - 11:00

To lead Secondary evidence, factual foundation for existence of primary evidence is to be laid down; SC

The SC on May 13, 2020 {JAGMAIL SINGH & ANR. v. KARAMJIT SINGH & ORS.} held that it is trite that under the Evidence Act, 1872 facts have ...

Posted in Secondary Evidence, Will

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Even third party cannot challenge Compromise Decree by separate suit, SC

By team of Advocate Retainer May 07, 2020 - 11:30

Even third party cannot challenge Compromise Decree by separate suit, SC

The SC on May 6, 2020 {TRILOKI NATH SINGH v. ANIRUDH SINGH(D) THR. LRS & ORS.} held that finality of decisions is an underlying pr...

Posted in Compromise Decree, Order 23 Rule 3 CPC, Order 23 Rule 3A CPC, Order 43 Rule 1A(2), Section 96(3) CPC

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Decree of permanent injunction in favour of trespasser in possession of DDA property for more than 60 years stands set aside, Delhi High Court

By team of Advocate Retainer May 04, 2020 - 09:40

Decree of permanent injunction in favour of trespasser in possession of DDA property for more than 60 years stands set aside, Delhi High Court

The Delhi High Court on April 30, 2020 {DDA v. PUSHPA LATA & ORS.} held that the question of the respondents / plaintiffs claiming such possess...

Posted in Delhi Land Reforms Act, Encroacher, Govt. Land, Judgment without jurisdiction, Nullity, Perpetual Injunction

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Issue of 'fiduciary capacity' in Benami property dispute cannot be decided without evidence, suit was wrongly rejected under O 7 R 11 CPC: Delhi HC

By team of Advocate Retainer May 02, 2020 - 10:30

Issue of 'fiduciary capacity' in Benami property dispute cannot be decided without evidence, suit was wrongly rejected under O 7 R 11 CPC: Delhi HC

The Delhi High Court on May 1, 2020 {NEERU DHIR AND ORS v. KAMAL KISHORE DHIR AND ORS} held in the present case, the stage of evidence had not eve...

Posted in Benami Act, Benami Property, Fiduciary Capacity, O 7 R 11 CPC, Rejection of plaint

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Typed on three different types of paper, excessive space between content & signatures, use of different pens for signatures, all pages not having signatures - not genuine 'Will': SC

By team of Advocate Retainer April 26, 2020 - 23:30

Typed on three different types of paper, excessive space between content & signatures, use of different pens for signatures, all pages not having signatures - not genuine 'Will': SC

The SC on April 24, 2020 {SHIVAKUMAR & ORS. v SHARANABASAPPA & ORS.} held that the problems relating to the probative value of the Will (E...

Posted in Remand by appellate court, Satisfaction of Judicial Conscience, Sec 63 Succession Act, Suspicious Circumstances, Will

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An arbitral award declaring only price of land, cannot be 'Executed' by Executing Court by directing execution of Sale Deed: SC

By team of Advocate Retainer April 25, 2020 - 04:00

An arbitral award declaring only price of land, cannot be 'Executed' by Executing Court by directing execution of Sale Deed: SC

The SC on April 24, 2020 {FIRM RAJASTHAN UDYOG & ORS. v. HINDUSTAN ENGINEERING & INDUSTRIES LTD.} held that the Award passed in prese...

Posted in Execution Arbitral Award, Sale Deed

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Sanction for raising construction cannot be granted over open spaces earmarked in layout plan; SC.

By team of Advocate Retainer April 17, 2020 - 23:30

Sanction for raising construction cannot be granted over open spaces earmarked in layout plan; SC.

Supreme Court of India Justice R. Subhash Reddy & Justice Mohan M. Shantanagoudar The SC on April 17, 2020 {Anjuman E Shiate Ali & Anr. v....

Posted in Construction in open spaces, Layout Plan

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To lead secondary evidence, filing of an application u/s 65(c) of the Evidence Act is not necessary; SC.

By team of Advocate Retainer April 06, 2020 - 01:30

To lead secondary evidence, filing of an application u/s 65(c) of the Evidence Act is not necessary; SC.

Supreme Court of India Justice Hemant Gupta & Justice L. Nageswara Rao The SC on March 19, 2020 {DHANPAT v. SHEO RAM (DECEASED) THROUGH LRS. &a...

Posted in Secondary Evidence, Supreme Court, Will

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A person who takes benefit of a portion of the Will cannot challenge the remaining portion of the Will; SC.

By team of Advocate Retainer April 05, 2020 - 08:30

A person who takes benefit of a portion of the Will cannot challenge the remaining portion of the Will; SC.

Supreme Court of India Justice Deepak Gupta & Justice L. Nageswara Rao The SC on April 3, 2020 {BHAGWAT SHARAN (DEAD THR.LRS.) v. PURUSHOTTAM &...

Posted in Doctrine of Election, HUF, Joint Family, Supreme Court, Will

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