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Supreme Court

Supreme Court Allows Municipal Corporation's Appeal Against High Court's Directions to Allot Stalls to Unauthorized Occupiers. Held that Section 314 of the Mumbai Municipal Corporation Act, 1888 empowers removal without notice of structures erected contrary to Section 312, and the High Court erred in granting relief to writ petitioners who had no legal right to occupy public land.

1 Feb 2019

The case involves appeals by the Municipal Corporation of Greater Mumbai against a Bombay High Court judgment that allowed writ petitions filed by six...

Supreme Court

Supreme Court Allows Appeal in Property Dispute: Transfer of Property Act Section 43 Protects Purchaser When Vendor Subsequently Acquires Title. The Court held that the doctrine of feeding the grant by estoppel under Section 43 of the Transfer of Property Act, 1882, applies when a vendor sells land without title at the time of sale but later acquires title, and the purchaser is entitled to the benefit of the subsequently acquired interest.

1 Feb 2019

The appellant, Tanu Ram Bora, purchased suit land by a registered sale deed dated 06.01.1990 from Pranab Kumar Bora, husband of defendant no.2 and fat...

Supreme Court

Supreme Court Dismisses Lessor's Appeal Against Dismissal of Counterclaim for Eviction and Rent in Lease Dispute — Presidency Small Cause Courts Act, 1882 Section 41 Bars Counterclaim in High Court Original Suit for Specific Performance.

31 Jan 2019

The Supreme Court dismissed appeals by the legal representatives of Mahadev P. Kambekar (original defendant/lessor) against the judgment of the Bombay...

Supreme Court

Supreme Court Allows Appeal and Remands Second Appeal to High Court for Framing Substantial Questions of Law in Specific Performance Suit. Interpretation of Agreement Clauses Constitutes Substantial Question of Law Under Section 100 CPC.

31 Jan 2019

The appellant-plaintiff filed a civil suit for specific performance of contract based on an agreement dated 08.08.1984. The Trial Court decreed the su...

Supreme Court

Supreme Court Dismisses Cooperative Society's Appeals Challenging Sale Deeds Executed in Favor of Members. Arbitrator under Delhi Cooperative Societies Act lacks jurisdiction to adjudicate validity of registered sale deeds, which can only be challenged before civil court.

30 Jan 2019

The Supreme Court dismissed the appeals filed by Delhi Dayalbagh Cooperative House Building Society Ltd. against the orders of the Delhi High Court, w...

Supreme Court

Supreme Court Allows Landlord's Appeal in Rent Dispute Under Rajasthan Rent Control Act, 2001. Tenant's Unilateral Reduction of Agreed Rent Constitutes Default Justifying Eviction.

29 Jan 2019

The appellant, Harbans Kaur, is the landlord of Shop No.3 and 4 in Plot No.362, which was let out to the respondent-tenant, Iqbal Singh, in August 199...

Supreme Court

Supreme Court Allows Union of India's Appeal in FERA Repeal Case — Appeal Against Post-Repeal Adjudication Order Lies Before Appellate Tribunal Under Section 19 of FEMA, Not Special Director (Appeals) Under Section 17 of FEMA. The Court held that the saving clause in Section 49 of FEMA does not preserve the appellate forum under FERA for orders passed after repeal, and the appellate forum is determined by the date of the order.

29 Jan 2019

The Supreme Court allowed the appeal filed by the Union of India against the judgment of the Bombay High Court. The controversy centered on the proper...

Supreme Court

Supreme Court Allows Union of India's Appeals in Air Force Officers' Premature Separation Cases. Officers Cannot Withdraw PSS Application After Availing Pre-Release Course Under Human Resource Policy.

29 Jan 2019

The Supreme Court heard a batch of appeals concerning four officers of the Indian Air Force who applied for Premature Separation from Service (PSS) un...

Supreme Court

Supreme Court Dismisses Appeal Against Withdrawal of NOC and Rejection of Authorisation for Gas Distribution Network. Regulation 18 of the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand City or Local Natural Gas Distribution Networks) Regulations, 2008 held valid and intra vires the Act.

29 Jan 2019

The appellant, Adani Gas Limited, was involved in setting up Natural Gas Distribution Networks in India. The dispute concerned Gas Distribution Networ...

Supreme Court

Supreme Court Dismisses Appeal in Possessory Title Suit — Plaintiff Failed to Prove Prior Possession or Better Title. Concurrent findings of First Appellate Court upheld that defendants had valid title and possession through registered sale deeds.

29 Jan 2019

The appeal arose from a suit for declaration of title and possession filed by Moti Ram (respondent) against Poona Ram (appellant) and others. The plai...

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