property Archives | SCC Times

Never Reported Judgment | Mere deposit of monthly rent by mortgagee not sufficient to establish landlord-tenant relationship between tenant’s mortgagee and landlord of leased property [(1953) 1 SCC 603]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on landlord-tenant relationship.

Cases Reported Never Reported Judgments

Never Reported Judgment | A reversioner, under Hindu Law, only entitled to challenge an alienation made by a limited owner [(1953) 1 SCC 112

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on alienation of property under Hindu Law.

Cases Reported Never Reported Judgments

Never Reported Judgment | Decree of possession of co-owned property can only be passed to the extent of the share of each collateral [(1952) 2 SCC 571]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on possession of co-owned property.

Cases Reported Never Reported Judgments

Never Reported Judgment | Conviction u/s 420 of IPC made out when cheating/dishonest inducement to take delivery of property is proved on transaction date, not on subsequent dates [(1952) 2 SCC 486]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 420 of the Penal Code, 1960.

Case Briefs High Courts

Karnataka High Court directs BBMP officials to implement systems like Digi-locker to credentialize documents issued by them

While considering a case of ascertaining veracity of a Katha certificate the High Court had to visit the BBMP portal to verify the details the details of the parties.

Case Briefs High Courts

Declaration of status or right/title to property is a relief in personam and is arbitrable: Delhi High Court

“Only when the subject matter of the dispute relates to actions in rem, that do not relate to subordinate rights in personam arising from rights in rem, the subject matter will be non-arbitrable.”

Cases Reported Never Reported Judgments

Never Reported Judgment | Prayer to rescind partition on ground of fraud cannot be entertained after several years, when party had access to accounts for due diligence [(1952) 2 SCC 316]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on rescinding partition on ground of fraud.

Cases Reported Never Reported Judgments

Never Reported Judgment | When Supreme Court held that purchase of high-value property at low price showed that only limited interest in property was sold [(1952) 2 SCC 307]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on limited/absolute interest in property.

Case Briefs High Courts

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.

Case Briefs High Courts

Delhi High Court dismisses petition filed by a 97-year-old challenging prospective operation of S. 23 Senior Citizens Act

Delhi High Court observed that the present case is not a case of casus omissus and the Court while exercising its jurisdiction under Article 226 of the Constitution cannot make the provision what the Legislature did not intend it to be.

Case Briefs High Courts

Outstanding from forex fluctuations are not ‘proceeds of crime’ under the PMLA Act: Telangana High Court quashes ED case against Sukesh Gupta, Director of MBS Jewellers

The Telangana High Court quashed ED case against Sukesh Gupta and opined that the differential amount of rupee dollar fluctuation could be termed as an outstanding which could be recovered in a civil suit but could not be termed as ‘proceeds of crime’.

Experts Corner Srikant Parthasarathy

PMLA – Crypto Currency: When Prevention is Better than Cure

by Srikant Parthasarathy† and Amirthalakshmi R.††
Cite as: 2023 SCC OnLine Blog Exp 26

Know thy Judge

Know Thy Judge| Justice Surya Kant

Born on 10-02-1962 in Hisar, Justice Surya Kant, has the distinction to be appointed as the youngest Advocate General of Haryana. Before being elevated as a Supreme Court Judge, Justice Surya Kant served as a Judge in the Punjab and Haryana High Court and as Chief Justice of Himanchal Pradesh High Court.

Case Briefs Supreme Court

26 years on, ONGC sits on a temporarily acquired land. Such a long temporary acquisition infringes landowner’s right to property, holds SC

The Supreme Court has directed ONGC and State to either comply with the Gujarat High Court's order directing the permanent acquisition of land by ONGC on or before 26.04.2023 or face necessary consequences.

Know thy Judge

Justice S. Abdul Nazeer Retires- Throwback to a Career of Four Decades

After an extensive tenure of 6 years, Justice S. Abdul Nazeer retires today. During this time, Justice Nazeer had been a part of some path-breaking decisions such as- Right to Privacy, Triple Talaq, Ayodhya verdict etc. Justice Nazeer has also been the part of the Constitution Bench which decided upon the validity of Central Govt’s 2016 Demonetisation Scheme.

Case Briefs High Courts

Delhi High Court | Cancellation of lease deed of Institution running a charitable hospital on public land a travesty of justice

It is travesty of justice that an institution contributing for noble cause being that of running a charitable hospital on a public land and providing for sound research and treatment facilities has been made to suffer the rigors of cancellation of the Lease Deed and vacation of the property. Being a constitutional court and the conscience-keeper of the democracy, this Court cannot lend a blind eye when the ends of justice are being bulldozed in broad daylight.