Constructive Possession Archives

‘Constructive possession enough for gift transaction’; Bombay HC rejects second appeal of brother claiming right to property gifted by father to the other son

“When the donor and donee, who are father and son, are residing together in residential house owned by the father, it is not expected that after gifting the property by way of Hiba, the father would leave the residence.”

vehicle owner motor accident compensation liability

Case Briefs Supreme Court

‘Ownership’ not limited to categories specified in Section 2(30) of MV Act; Context around control of vehicle important to fix liability: SC

The issue in the instant case revolved around whether a dealer or the manufacturer can be construed as an ‘owner’ vis-a-vis fixation of tortious liability for payment of compensation, especially when the driver and deceased both were employees of the manufacturer.

Case Briefs High Courts

Del HC | Claim of constructive possession not tenable where dispute is pending between person so claiming and person through whom possession is claimed

Delhi High Court: Sanjeev Sachdeva, J., dismissed a petition filed against the order of the trial court whereby the petitioner’s suit filed