Ownership Archives

First proviso to Rule 55-A of TN Registration Rules ultra vires and unconstitutional to the Registration Act, as well as the substantive provisions of TP Act: Madras High Court

Madras High Court said that Rule 55-A is delegated legislation which cannot go beyond the scope of the Parent Act viz., the Registration Act as well the Transfer of Property Act which is the substantive law governing the transfer of immovable properties. Hence, it is held that the first proviso is clearly ultra vires and unconstitutional.

Case Briefs Supreme Court

Section 51 of the Transfer of Property Act applies on transferee who makes improvements in good faith on a property, believing himself to be its absolute owner: Supreme Court

Supreme Court upheld the Himachal Pradesh High Court’s order holding the respondent as the owner of the encroached land, as an encroacher cannot claim benefit of Section 51 of the Transfer of Property Act, 1882.

Case Briefs Supreme Court

Defendants cannot be dispossessed unless the plaintiff has established a better title and rights over the property, Supreme Court reiterates

The Supreme Court observed that the defendants, being in possession, would be entitled to protect and save their possession, unless the person who seeks to dispossess them has a better legal right in the form of ownership or entitlement to possession.

Case Briefs High Courts

Delhi High Court grants ex parte ad interim injunction to Sukam Systems (P) Ltd. for its trade mark ‘Su-Kam’ against Lithium Power Energy (P) Ltd in a trade mark infringement suit

In the present case, Sukam Systems (P) Ltd. alleged infringement and passing of by Lithium Power Energy (P) Ltd. of its registered trade marks ‘Su-Kam’, ‘BIG conqueror Tubular Battery’ and ‘BIG Warrior Tubular Battery’.

Case Briefs Foreign Courts

AFCHPR| Republic of Kenya directed to identify and demarcate the Ogiek ancestral land and make monetary reparations to the community for the moral and material prejudices suffered

African Court on Human and People’s Rights (‘AFCHPR’): While deciding the instant matter concerning the eviction of a Kenyan indigenous minority ethnic

Case Briefs High Courts

Once tenant starts paying rent, can he/she turn around and challenge title of landlord? Del HC examines

Delhi High Court: In a matter with regard to the grant of leave to defend, Subramonium Prasad, J., expressed that, the tenant

Case Briefs High Courts

Ill-treatment meted out to respondent-mother, expelled from her own house, allegations of mental, physical and social abuse; Raj HC directs petitioner-son to vacate the house with his family

Rajasthan High Court: Sameer Jain J. dismissed the petition and refused to interfere with the impugned order. Factual Background The facts of

Case Briefs High Courts

Who ‘owns’ a YouTube channel?: Del HC passes interim directions in dispute over channel ‘Shabad Kirtan Gurbani – Divine Amrit Bani’

Delhi High Court: Asha Menon, J., is considering a very interesting case where the dispute between the parties is regarding the ownership

Op Eds OP. ED.

Whose Assets are they Anyway?

by Pramod Rao†
Cite as: 2022 SCC OnLine Blog Exp 15

Case Briefs

Competition Commission of South Africa interdicts transaction to acquire Burger King | Read how merger would have impacted ‘Historically Disadvantaged Persons’?

Competition Commission of South Africa in a statement prohibited the transaction proposed by ECP Africa intended to acquire Burger King (South Africa)

Op Eds OP. ED.

Ownership – Meaning and modes of acquiring

by Achal Gupta†

Case Briefs High Courts

P&H HC | There is no requirement in law that a person applying for sanction of the building plan, has to prove his ownership before the building plan can be sanctioned

Punjab and Haryana High Court: Anil Kshetarpal, J., while addressing the instant petition against the impugned order of Deputy Commissioner expressed that,

Case Briefs Supreme Court

To prove case under NDPS Act, ownership of the vehicle not required to be established and proved

Supreme Court: The 3-judge bench of Ashok Bhushan, R. Subhash Reddy and MR Shah, JJ has held that to prove the case

Case Briefs High Courts

Ori HC | Prolong possession of property, acquired by adverse possession, shall not amount to ownership

Orissa High Court: Dr A.K. Rath, J. dismissed an appeal seeking to reverse a judgment relating to suit for declaration. In the

Case Briefs High Courts

Gau HC | Proof of ownership and possession of land precondition for establishing charge of criminal trespass

Gauhati High Court: Sanjay Kumar Medhi, J. dismissed an appeal filed against the judgment of the Additional Chief Judicial Magistrate whereby he had

Case Briefs High Courts

Kar HC | Usurpation of private property by State or its instrumentalities, sans lawful acquisition process violates Article 300-A of Constitution

Karnataka High Court: The Bench of Krishna S. Dixit, J., allowed petition filed by a senior citizen challenging wrongful usurpation of his

Case Briefs High Courts

Pat HC | Ownership of a vehicle can be proved only by the certificate of registration issued by transport department

Patna High Court: The Bench of Ahsanuddin Amanullah, J. dismissed an application filed under Section 482 of the Code of Criminal Procedure,

Case Briefs Supreme Court

Party within his rights to cancel a conditional transfer deed executed for consideration before completion of condition: SC

Supreme Court: The Bench comprising of Arun Mishra and Indira Banerjee, JJ. allowed an appeal while setting aside the judgment and order