Transfer of Property Act, 1882 with Section 53A

Supreme Court Upholds Eviction Process for Unauthorized Occupants of Municipal Premises: Municipal Corporation of Greater Mumbai vs. Vivek V. Gawde (2024)

/ Constitution of India, Constitution of India with Article 226, Constitution of India with Article 227, Eviction of Unauthorized Occupants, Limitation Act, 1963, Limitation Act, 1963 with Section 3, Limitation Period, Mumbai Municipal Corporation Act, 1888, Mumbai Municipal Corporation Act, 1888 with Section 105B, Mumbai Municipal Corporation Act, 1888 with Section 105F, Part Performance, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A, Writ Jurisdiction

Supreme Court Upholds Eviction Process for Unauthorized Occupants of Municipal Premises: Municipal Corporation of Greater Mumbai vs. Vivek V. Gawde (2024) Date of the Judgment: December 13, 2024 The Supreme Court of India addressed the legality of eviction proceedings initiated by the Municipal Corporation of Greater Mumbai against occupants of municipal premises, specifically focusing on […]

Supreme Court Upholds Eviction Process for Unauthorized Occupants of Municipal Premises: Municipal Corporation of Greater Mumbai vs. Vivek V. Gawde (2024) Read Post »

Supreme Court Upholds Eviction Based on Possessory Rights from Agreement to Sell: Ghanshyam vs. Yogendra Rathi (2 June 2023)

/ Dipankar Datta, Indian Registration Act, 1908, Indian Registration Act, 1908 with Section 17, Judges, Pankaj Mithal, Possessory Rights, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Eviction Based on Possessory Rights from Agreement to Sell: Ghanshyam vs. Yogendra Rathi (2023) LEGAL ISSUE: Whether an agreement to sell, along with a possession memo and receipt of full payment, confers possessory rights sufficient for eviction of the transferor acting as a licensee. CASE TYPE: Civil (Eviction and Mesne Profits) Case

Supreme Court Upholds Eviction Based on Possessory Rights from Agreement to Sell: Ghanshyam vs. Yogendra Rathi (2 June 2023) Read Post »

Supreme Court Upholds Eviction Based on Agreement to Sell and Possessory Rights: Ghanshyam vs. Yogendra Rathi (2023)

/ Dipankar Datta, Indian Registration Act, 1908, Indian Registration Act, 1908 with Section 17, Judges, Pankaj Mithal, Possessory Rights, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Eviction Based on Agreement to Sell and Possessory Rights LEGAL ISSUE: Whether an agreement to sell, along with a memo of possession and receipt of full payment, grants sufficient possessory rights to evict a transferor acting as a licensee. CASE TYPE: Civil (Eviction and Property Law) Case Name: Ghanshyam vs. Yogendra Rathi

Supreme Court Upholds Eviction Based on Agreement to Sell and Possessory Rights: Ghanshyam vs. Yogendra Rathi (2023) Read Post »

Supreme Court sets aside decree for possession based on admissions: Karan Kapoor vs. Madhuri Kumar (2022)

/ Code of Civil Procedure, Code of Civil Procedure with Order XII Rule 6, Indira Banerjee, J.K. Maheshwari, Judges, Tenancy Laws, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 106, Transfer of Property Act, 1882 with Section 53A

Supreme Court sets aside decree for possession based on admissions: Karan Kapoor vs. Madhuri Kumar (2022) LEGAL ISSUE: Whether a judgment on admissions under Order XII Rule 6 of the Code of Civil Procedure (CPC) can be passed solely based on the admission of a landlord-tenant relationship, without considering the tenant’s defense of an agreement

Supreme Court sets aside decree for possession based on admissions: Karan Kapoor vs. Madhuri Kumar (2022) Read Post »

Supreme Court Clarifies Capital Gains Tax on Property Transfer: Seshasayee Steels vs. ACIT (2019)

/ Aniruddha Bose, Income Tax Act, 1961, Income Tax Act, 1961 with Section 144, Income Tax Act, 1961 with Section 2(47), Judges, R.F. Nariman, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A, V. Ramasubramanian

Supreme Court Clarifies Capital Gains Tax on Property Transfer: Seshasayee Steels vs. ACIT (2019) LEGAL ISSUE: Determining the point of transfer for capital gains tax on immovable property under the Income Tax Act, 1961, specifically concerning agreements to sell and subsequent compromise deeds. CASE TYPE: Income Tax Law Case Name: M/s Seshasayee Steels P. Ltd.

Supreme Court Clarifies Capital Gains Tax on Property Transfer: Seshasayee Steels vs. ACIT (2019) Read Post »

Supreme Court Upholds Coparcenary Rights in Ancestral Property: Shyam Narayan Prasad vs. Krishna Prasad (2 July 2018)

/ Abhay Manohar Sapre, Judges, Registration Act, 1908, Registration Act, 1908 with Section 17, Registration Act, 1908 with Section 49, S. Abdul Nazeer, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 118, Transfer of Property Act, 1882 with Section 53A, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Coparcenary Rights in Ancestral Property: Shyam Narayan Prasad vs. Krishna Prasad (2018) LEGAL ISSUE: Whether property obtained in a partition of ancestral property remains coparcenary property with rights for lineal descendants. CASE TYPE: Civil Law – Property Rights. Case Name: Shyam Narayan Prasad vs. Krishna Prasad and Ors. Judgment Date: 2 July

Supreme Court Upholds Coparcenary Rights in Ancestral Property: Shyam Narayan Prasad vs. Krishna Prasad (2 July 2018) Read Post »

Supreme Court Upholds Specific Performance of Contract in Land Dispute: Shivaji Yallappa Patil vs. Sri Ranajeet Appasaheb Patil (2018)

/ Abhay Manohar Sapre, Judges, Part Performance, R.K. Agrawal, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 20, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A

Supreme Court Upholds Specific Performance of Contract in Land Dispute: Shivaji Yallappa Patil vs. Sri Ranajeet Appasaheb Patil (2018) LEGAL ISSUE: Whether a decree for specific performance of a contract for sale of land can be granted when the purchaser is in possession of the land, despite a subsequent sale to a third party. CASE

Supreme Court Upholds Specific Performance of Contract in Land Dispute: Shivaji Yallappa Patil vs. Sri Ranajeet Appasaheb Patil (2018) Read Post »

Supreme Court Clarifies Tax Implications of Unregistered Joint Development Agreements: Commissioner of Income Tax vs. Balbir Singh Maini (2017) INSC 859 (04 October 2017)

/ Capital Gains, Income Tax Act, 1961, Income Tax Act, 1961 with Section 2(47), Income Tax Act, 1961 with Section 45, Judges, R.F. Nariman, Registration Act, 1908, Registration Act, 1908 with Section 17(1A), Registration Act, 1908 with Section 49, Sanjay Kishan Kaul, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A

LEGAL ISSUE: Whether an unregistered Joint Development Agreement (JDA) constitutes a “transfer” under Section 2(47)(v) of the Income Tax Act, 1961, making it liable for capital gains tax. CASE TYPE: Income Tax Law Case Name: Commissioner of Income Tax vs. Balbir Singh Maini [Judgment Date]: 04 October 2017 Introduction Date of the Judgment: 04 October

Supreme Court Clarifies Tax Implications of Unregistered Joint Development Agreements: Commissioner of Income Tax vs. Balbir Singh Maini (2017) INSC 859 (04 October 2017) Read Post »

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