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property

Op EdsOP. ED.

Retrospective Operation of the Benami Laws: The Confusion Remains

by Saurabh Seth†

Published on January 21, 2021January 21, 2021By Bhumika Indulia
2 Comments11684 views
Case BriefsHigh Courts

Chh HC | Whether the ‘bank account’ falls within the term “property” under S. 102 (1) CrPC? HC elaborates in regard to the settled position of law

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the petition holding that bank account is considered as property within the meaning of

Published on December 22, 2020December 25, 2020By Editor_4
Leave a comment4757 views
Case BriefsHigh Courts

Jhar HC | [Article 300-A] A person cannot be deprived of his property merely by executive fiat without any specific legal authority or without the support of law made by a competent legislature; Petition allowed

Jharkhand High Court: Rajesh Shankar, J., quashing the impugned letter, held, “The respondent 5 being an administrative/revenue Officer is supposed to know

Published on December 22, 2020December 25, 2020By Editor_4
Leave a comment4090 views
Case BriefsHigh Courts

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

Published on December 17, 2020January 8, 2021By Editor_4
Leave a comment6116 views
Case BriefsHigh Courts

Ker HC | [SARFAESI Act] Whether the State has better right in comparison to Banks and other Financial Institutions over secured assets for recovery of its dues; legal position reiterated

Kerala High Court: A.M. Badar J., allowing the present petition, quashes the attachment made by the State authorities to recover tax dues.

Published on December 17, 2020December 25, 2020By Editor_4
Leave a comment3135 views
Case BriefsHigh Courts

All HC | While exercising inherent jurisdiction under S. 482 CrPC, can High Court make any comment on factual matrix of the case? Court answers

Allahabad High Court: Ram Krishna Gautam, J., held that as per Section 482 Criminal Procedure Code, 1973, while exercising the inherent jurisdiction, High

Published on November 26, 2020November 27, 2020By Bhumika Indulia
Leave a comment4125 views
Case BriefsHigh Courts

Ker HC | Is there a limitation period for wife to claim property entrusted to in-laws given in form of dowry? Court answers

Kerala High Court: A Full Bench of A.M. Shaffique, Sunil Thomas and Gopinath, JJ., held that there is no limitation period for wife/divorced wife

Published on November 23, 2020December 9, 2020By Bhumika Indulia
Leave a comment5515 views
Case BriefsHigh Courts

[Succession] Madras HC | “Stale claim resurrected for some other reason”: Court rejects claim to property filed by husband and son of alleged co-parcener

Madras High Court: R. Subramanian, J., dismissed the second appeal filed in regard to suit for partition and granting possession of share to

Published on November 3, 2020November 12, 2020By Bhumika Indulia
Leave a comment3419 views
Case BriefsHigh Courts

Del HC | “Surprised” at advocates moving Court for legal opinion, HC dismisses application under S. 151 CPC

Delhi High Court: A Division Bench of Rajiv Sahai Endlaw and Asha Menon, JJ., dismissed an application filed under Section 151 CPC

Published on September 30, 2020October 9, 2020By Bhumika Indulia
Leave a comment2890 views
Case BriefsHigh Courts

Bom HC | Pension payable to employees upon superannuation is a ‘property’ under Art. 300-A & fundamental right to livelihood under Art. 21: Pension can’t be deducted without authority of law

Bombay High Court: A Division Bench of R.K. Deshpande and N.B. Suryawanshi, JJ., while addressing an issue with regard to the deduction of

Published on August 25, 2020By Bhumika Indulia
Leave a comment4499 views
Case BriefsSupreme Court

Delayed handing over of possession amounts to ‘deficiency’; flat buyers entitled to compensation: SC

“Flat purchasers suffer agony and harassment as a result of the default of the developer. Flat purchasers make legitimate assessments in regard

Published on August 24, 2020August 28, 2020By Prachi Bhardwaj
4 Comments13758 views
Case BriefsHigh Courts

Ker HC | Can person with physical infirmities seriously affecting cognitive functions file suit through ‘next friend’?

Kerala High Court: A Division Bench of S.V. Bhati and Bechu Kurian Thomas, JJ., addressed an issue pertaining to the following terms, Total

Published on August 19, 2020August 21, 2020By Bhumika Indulia
Leave a comment3887 views
Case BriefsSupreme Court

Daughters have coparcenary rights by birth even if father died before the Hindu Succession (Amendment) Act, 2005 came into force [DETAILED REPORT]

Supreme Court: The 3-judge bench of Arun Mishra, SA Nazeer and MR Shah, JJ has held that daughters have right in coparcenary

Published on August 11, 2020August 14, 2020By Prachi Bhardwaj
1 Comment15854 views
Case BriefsHigh Courts

Ker HC | Surveyor is at liberty to adopt any feasible method for measuring property

Kerala High Court: B. Sudheendra Kumar, J., disposed an original petition challenging the competency of the Commissioner in measuring the land. The

Published on March 17, 2020March 20, 2020By Bhumika Indulia
Leave a comment2308 views
Case BriefsForeign Courts

SL SC | Where there is a variation between description and extent in a deed, description will prevail

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Prasanna Jayawardena, L.T.B. Dehideniya and S. Thurairaja, JJ.,

Published on January 1, 2020January 1, 2020By Bhumika Indulia
Leave a comment4526 views
Case BriefsHigh Courts

Bom HC | Plaintiff protecting possession of immovable property need not prove title to it where suit filed on the basis of settled exclusive possession

Bombay High Court: S.C. Gupte, J., while allowing a second appeal filed by the plaintiff against the order of the first Appellate court,

Published on November 27, 2019November 29, 2019By Bhumika Indulia
1 Comment6639 views
Case BriefsForeign Courts

SA HC | Essence of robbery is that violence must be intended to induce submission to the taking of the property

South Africa High Court, Kwazulu-Natal Division: The Division Bench of Lopes and Radebe, JJ. while allowing the appeal reduced the sentence for

Published on November 8, 2019November 8, 2019By Bhumika Indulia
Leave a comment2686 views
Case BriefsHigh Courts

Kar HC | Widow cannot be divested of property inherited from her deceased husband, on remarriage

Karnataka High Court: Krishna S Dixit, J. dismissed a petition in limine, filed against an order of the Senior Civil Judge; on

Published on July 8, 2019July 16, 2019By Bhumika Indulia
Leave a comment4977 views
OP. ED.Practical Lawyer Archives

Question Marks on Efficacy of the Principle of Constructive Notice

Bhumesh Verma, Managing Partner and
Abhisar Vidyarthi, Student Researcher, Corp Comm Legal

Cite as: (2019) PL (CL) June 74

Published on June 5, 2019April 7, 2021By Bhumika Indulia
Leave a comment7256 views
Case BriefsTribunals/Commissions/Regulatory Bodies

PMLA | Investigating Authority cannot attach the property indefinitely in the name of investigation

Appellate Tribunal, Prevention of Money Laundering Act (New Delhi): A Coram of Manmohan Singh (Chairman), J. and G.C. Mishra (Member) allowed an

Published on June 4, 2019June 19, 2019By Bhumika Indulia
Leave a comment6481 views

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