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The true test for assessing the impact of subsequent events on the landlord’s bona fide need is whether those events completely eclipse the landlord’s need. If not, the Court can proceed with the general rule that the situation at the commencement of the litigation governs the decision.
Emphasising that the heritage site must be preserved and if need be, restored, the Court directed the Archaeology Department to prepare a plan for preventing its decay and for its restoring, the same be presented before the Court.
“Where the additional evidence sought to be adduced removes the cloud of doubt over the case, the evidence has a direct & important bearing on the main issue in the suit and interest of justice clearly renders it imperative that the evidence must be permitted to be taken on record, then such an application may be allowed.”
“The evidence on the part of the appellants would reveal that instead of establishing ‘animus possidendi’ under hostile colour of title, they have tendered evidence indicating only permissive possession and at the same time failed to establish the time from which it was converted to adverse to the title of the respondent which is open and continuous for the prescriptive period.”
“PMLA, being a special and standalone statute, the trial proceedings under this Act do not have any bearing on the trial proceedings or the outcome of the trial proceedings of the scheduled offence.”
Supreme Court permitted the petitioners to initiate contempt proceedings in addition to any other remedy which may be available to him, in case of failure to comply with the given directions.
“Human beings indulge themselves in selective amnesia when it comes to fathom the significance of forests. It is the forests which give life to the Earth by replacing carbon dioxide with oxygen, thereby providing a hospitable environment for the steady growth of diverse life forms.”
By the interim order, the Supreme Court had restrained the NCDRC from taking any coercive steps against Ireo Grace Realtech
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on possession of co-owned property.
NCDRC also highlighted that the housing society which the complainants were members of was not arrayed as a party in the instant matter.
The landlord was offered the possession of the suit property which was refused by him on the pretext of damage to the suit property, whereas no evidence has been adduced by him about damage to the suit property except his bald statements.
The principle that Bail is a rule and Jail is an exception has been well recognised by Supreme Court more specifically on the touch stone of Article 21 of the Constitution
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.
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.
The supply of ISO Tankers on lease/rental basis by foreign suppliers to the appellant would amount to a ‘deemed sale’ under Article 366(29A) of the Constitution as the appellant throughout had effective control and possession over the ISO Tankers.
Punjab and Haryana High Court held that even if the lease has expired the electricity cannot be cut off to the petitioner while he is in possession of the suit property.
Supreme Court: In a case where an appeal was filed against the decree of the trial Judge holding that the
Supreme Court: In an appeal against the judgment passed by the Kerala High Court, wherein it has set aside the
National Consumer Disputes Redressal Commission (NCDRC): The Bench of S.M. Kanitkar (Presiding Member) and Binoy Kumar (Member) while deliberating upon
Chhattisgarh High Court: In an appeal against the decision of Trial Court of dismissing the suit mainly on the ground that the