Land Dispute Archives

Jurisdiction of Civil Court in parturition suit

Supreme Court discusses Civil Court’s jurisdiction to try suit once an application for partition is entertained by revenue authorities

“Regarding immovable properties (other than agricultural lands paying land revenue) – such as buildings, plots etc. or movable properties — where the Court can conveniently and without further enquiry make the division without the assistance of any Commissioner, or where parties agree upon the manner of division, the Court will pass a composite decree comprising the preliminary decree declaring the rights of several parties and also a final decree dividing the suit properties by metes and bounds, in one judgment.”

Case Briefs District Court

Land Dispute | Rajasthan Court issues notice on suit claiming Ajmer Sharif Dargah as “Sankat Mochan Mahadev Temple”

The plaintiff, Hindu Sena chief cited historical records of a Shiva Linga beneath the site and sought direction to the ASI to conduct a survey of the Dargah premises to confirm the existence of remnants of the Shiva temple.

Case Briefs Supreme Court

Executing Court cannot hold execution decree inexecutable, merely because decree-holder lost possession to an encroacher: Supreme Court

“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”

Case Briefs Supreme Court

SC reminds Police to be vigilant before invoking stringent laws like SC-ST Act; expresses concern over litigants criminalising civil disputes

“The huge and unexplained delay of over 60 years in initiating dispute with regard to the ownership of the land, and the criminal case being lodged only after failure to obtain relief in the civil suits, coupled with denial of relief, reeked of malafide on the part of the complainant.”

Case Briefs High Courts

Gujarat High Court | ‘Occupier’ of the land cannot be denied electricity connection only because land is in dispute

Gujarat High Court: A.S. Supehia, J. has allowed a writ petition which was filed after the respondent authorities denied to

Case Briefs High Courts

“Offence occurred at the spur of the moment”; Tripura High Court modifies sentence

Tripura High Court: The Division Bench of T. Amarnath Goud and Arindam Lodh, JJ. partly allowed an appeal holding that there was

Case Briefs Supreme Court

Permanent Injunction can’t be granted against true owner once the title dispute is settled; SC reverses three concurrent findings

Supreme Court: Reversing the concurrent findings of all the Court below in a case where the plaintiff was granted the relief of

Case Briefs High Courts

Law on Voluntarily Causing Grievous Hurt | In a land dispute, a person subjected to grievous injury with the use of ‘Khurpi’: Will he be punished under S. 326 or 325 Penal Code, 1860? Bom HC explains

Bombay High Court: The Division Bench of S.S. Shinde and N.R. Borkar, JJ., upheld the decision of the Trial Court in a

Case Briefs Supreme Court

Can a non-member invoke provisions of Andhra Pradesh Cooperative Societies Act, 1964? Supreme Court answers

Supreme Court: The 3-Judge Bench comprising of N.V. Ramana, CJ., A.S. Bopanna* and Hima Kohli, JJ., held that non-members of cooperative societies

Case Briefs High Courts

Kar HC | Koladamatt not entitled to registration of occupancy rights over disputed land

Karnataka High Court: A Division Bench comprising of B.V. Nagarathna and Jyoti Mulimani, JJ. reversed a 1993 order, holding that all titles,

Case Briefs High Courts

Pat HC | SC/ST Act: Anticipatory bail granted to accused where existence of land dispute between informant accused and brought to notice of Court

Patna High Court: The Bench of Vinod Kumar Sinha, J. allowed a criminal appeal granting anticipatory bail to persons who were apprehending