Search Results for "physical possession"

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Supreme Court

Land Acquisition - Rejection of Release Request - Discrimination Claim - Compensation Under 2013 Act. Supreme Court held that the appellant’s land acquisition was valid, rejecting claims of discrimination but granted enhanced compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, invoking Article 142.

1 Apr 2025

Constitution of India, 1950 (COI) – Article 142 – Supreme Court exercised its discretionary power to grant compensation under the 2013 Act...

High Court

Bombay High Court Ordered Official Liquidator to Handover Possession of Tenanted Premises to the Landlords. The Court Held That Tenancy Rights Cannot Be Considered as Assets of the Company in Liquidation and Directed the Official Liquidator to Return Possession of Flats in Question.

12 Mar 2025

The Court reaffirmed its wide powers under Section 446 of the Companies Act. Held that tenancy rights are not considered assets for the purpose of wi...

High Court

Acquisition Proceedings Declared Lapsed. Non-payment of Compensation and Non-possession of Acquired Land for Over Five Years Resulted in Lapsing of Acquisition Proceedings Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

10 Mar 2025

Mere mutation entries without kabjepatti or credible evidence of possession do not establish the taking over of physical possession. Absence of notice...

Supreme Court

Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

6 Mar 2025

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

Supreme Court

Supreme Court Reinstates Single Judge’s Decision in A.P. Electrical Equipment Corporation Case, Emphasizes Strict Compliance with Urban Land Ceiling Act, 1976. "Actual Physical Possession Must Be Taken Before Repeal Act, 1999; Mere Paper Possession Insufficient"

27 Feb 2025

The Supreme Court allowed the appeals, setting aside the Division Bench’s judgment and restoring the Single Judge’s decision. The Court held...

Tribunals

National Consumer Disputes Redressal Commission Allows Consumer Complaint Against Builder for Delayed Possession and Failure to Obtain Occupation Certificate -- Opp. Parties Project Found Deficient in Service Under Consumer Protection Act

23 Jan 2025

The National Consumer Disputes Redressal Commission disposed of two consumer complaints filed by complainants against Opp. Parties. The Complainants h...

Supreme Court

Supreme Court Upholds Auction Validity: Battle Over Mortgage Redemption and Property Title. A landmark ruling interpreting the SARFAESI Act clarifies borrower and auction purchaser rights amidst contested mortgage and property transfer cases.

13 Dec 2024

The Supreme Court adjudicated a dispute arising from a public auction under the SARFAESI Act involving Celir LLP (auction purchaser), Sumati Prasad Ba...

High Court

"High Court Allows Challenge to Land Acquisition Due to State's Failure to Assume Possession" "Physical possession retained by owner deemed necessary for lawful land acquisition"

25 Oct 2024

The case concerns a petition filed by Petitioner, now represented by his legal heir, Ashok Shantinath Chougule. The petitioner challenged the land acq...

Supreme Court

"Partition Dispute Over Joint Property: Supreme Court Delivers Final Verdict" Tagline "High Court's Decision on Liability for Rents and Mesne Profits Upheld; Equitable Distribution and Legal Constraints on Partition Discussed"

23 Jul 2024

This case concerns a suit for partition involving a property jointly owned by multiple parties, including the original plaintiff, subsequent buyers, a...

Supreme Court

Supreme Court Directs SEBI to Liquidate Sai Group of Companies' Assets to Refund Investors Comprehensive Mandate Issued for Asset Auction and Investor Refund Process

15 Jul 2024

The petitioners, a family of three, have invoked the jurisdiction of the Supreme Court under Article 32 of the Indian Constitution, seeking several di...

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