IALS, Pune | Diploma in Housing Laws 2023-24 (Online Program)
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Immovable Property
Never Reported Judgment | When a co-sharer in possession of a joint estate disposes of entire property and appropriates sale proceeds, he will be accountable for money to other co-sharers [1951 SCC 122]
“This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on Transfer of Property Act, 1882.”
Homemaker wife contributes equally to husband’s acquisition of family assets; Entitled to equal share in properties: Madras High Court
In generality of marriages, the wife bears and rears children and minds the home. She thereby frees her husband for his economic activities. Since it is her performance of her function which enables the husband to perform his duties, thus she is entitled to share in its fruits.
Whether power of attorney, will, agreement to sell can be recognised as title documents conferring rights in any immovable property? Supreme Court answers
Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.
Explained| Supreme Court’s decision on Liability for payment of Stamp Duty in Immovable Property Sale Deeds
The Supreme Court ruled that the value of the plant and machinery must be considered and ascertained for payment of stamp duty on sale deeds.
Unregistered agreement to sell an admissible evidence in a suit for specific performance; Supreme Court upholds Madras High Court Judgment
Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.
Landmark Judgments on Banking Laws by the SC and HC’s in 2022 (RDDB, SARFAESI, RBI, BRA Enactments) Part II
by Siddharth R. Gupta† and Prakriti††
Cite as: 2023 SCC OnLine Blog Exp 29
Providing medical education and health care services through a hospital amount to business; Maharashtra Appellate Authority for Advance Ruling upholds
The service of medical education falls under the category of “educational institution” as defined under the GST law, and accordingly, it was held that the medical education services provided by the appellant to the students will attract nil rate of GST. Further, as the appellant’s hospital is engaged in providing diagnosis and treatment of the patients, hence, their services can be termed as “health care services”, and accordingly held that the said services will be exempt from the payment of GST.
Explained| Party willing to pay but has no funds: Will it amount to readiness and willingness for specific performance of a contract?
Supreme Court: In a suit for specific performance the Division Bench of Indira Banerjee* and Hrishikesh Roy, JJ., explained the
Person being the highest bidder deposits sale amount for auction property and obtains injunction against Municipality; SC declares the sale non-est for lacking government sanction
Supreme Court: The Division Bench comprising of Hemant Gupta* and V. Ramasubramanian, JJ., reversed concurrent findings of Trial Court and Punjab and
Whether a natural guardian having executed sale-deed of property of a minor in favour of a third party and thereafter repurchased part of it, can be prosecuted for offences under Ss. 420, 467, 468, 471 of IPC that too, after more than 35 years from date of attaining majority by minor? Bom HC discusses
Bombay High Court: The Division Bench of V.M. Deshpande and Amit Borkar, JJ., expressed that a transaction by a natural guardian of
Explained| Is a suit for injunction maintainable where the plaintiff’s title is in dispute?
Supreme Court: The bench of L. Nageswara Rao and BR Gavai, JJ has, in two judgments, has held that where the plaintiff’s
Kar HC | Immovable property which is compulsorily registrable under S. 49 of Indian Registration Act, 1908 may be taken as evidence for the purpose of collateral transaction
Karnataka High Court: Hemant Chandangoudar, J. allowed the petition and quashed the impugned order. The facts of the case are such that
Can foreigners transfer/dispose of immovable property situated in India by sale or mortgage without RBI’s prior permission? SC explains the true import of Section 31 of FERA, 1973
“Merely because no provision in the Act makes the transaction void or says that no title in the property passes to the purchaser in case there is contravention of the provisions of Section 31, will be of no avail. That does not validate the transfer referred to in Section 31, which is not backed by “previous” permission of the RBI.”
Chh HC | Whether transfer/sale of Abadi land is complete without delivery of possession of the land along with superstructure in favour of the purchaser? HC decides
Chattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such
CESTAT | No service tax can be levied in absence of either consideration or a service; Tribunal allows appeal
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta, J. (President) and C.L. Mahar (Technical Member) allowed an
Is right to pre-emption a recurring right or exercisable only the first time? SC answers
Supreme Court analyses whether the right of pre-emption can be enforced for an indefinite number of transactions or it is exercisable only the first time.
Jhar HC | Power of police officer under S. 102 of CrPC to seize property does not include the power to attach, seize and seal an immovable property
Jharkhand High Court: Rajesh Shankar, J., disposed off the petition directing the respondents to remove the seal of the hotel premises and
Section 102 CrPC doesn’t empower police to attach, seize and seal an immovable property
Supreme Court: The 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Sanjiv Khanna, JJ has held that the power of
Raj HC | Court grants parole without surety to convict-petitioner due to poor family financial conditions
Rajasthan High Court: A Division Bench of Sandeep Mehta and Abhay Chaturvedi, JJ. accepted a writ petition for parole and directed the