2025 SCC Vol. 7 Part 3
2025 SCC Vol. 7 Part 3: Explore the latest Supreme Court Cases on Administrative Law, Constitution, Cooperative Societies, Negotiable Instruments Act, Food Adulteration, PMLA, and Transfer of Property.
Transfer of property
SC declares R. 55A(i) of Registration Rules as ultra vires for being inconsistent with provisions of Registration Act, 1908
“No provision under the 1908 Act confers power on any authority to refuse registration of a transfer document on the ground that the documents regarding the title of the vendor are not produced, or if his title is not established”.
Limitation period for adverse possession commences when possession becomes adverse, not upon plaintiff’s acquisition of ownership: Supreme Court reaffirms
“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.”
[Specific Performance of Contract] | Sikkim HC finds party’s unwillingness for performance on their part; Discusses scope of Second Appeal under S.100 CPC
Relying on UN Krishnamurthy v. AM Krishnamurthy, the Court stated that the appellant failed to indicate willingness to perform their part of the transaction, as they neither showed nor proved the availability of sufficient funds required to make the payments per the contract
Never Reported Judgment| Validity of mother’s ‘Intelligent’ transfer of property to her second son with full appreciation of its effect over her interests [(1953) 1 SCC 371]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on Section 129 of the Transfer of Property Act,1882.
Whether the Muslim Personal Law (Shariat) Application Act overrides Karnataka Stamp Act? Karnataka HC answers
The Court noted that what is not expressly recognised in Shariat law is not necessarily something which is forbidden. It may still be in tune with the philosophy of the Quran.
Never Reported Judgment | When a co-sharer in possession of a joint estate disposes of entire property and appropriates sale proceeds, he will be accountable for money to other co-sharers [1951 SCC 122]
“This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on Transfer of Property Act, 1882.”
Allahabad High Court| Conditions required for granting permission to a bhumidhar, clearly specified under the U.P Revenue Code and Rules; Other reasons to reject the application, renders discretionary power ultra vires and invalid
Allahabad High Court: In a writ petition filed against the order passed by the Collector under Section 98(1) of U.P.
Can officers under Maharashtra Money Lending Act, 2014 pass orders contrary to decree of a Civil Court? Bombay High Court decides
Bombay High Court: In a unique case where the officers exercising powers under the Maharashtra Money Lending (Regulation) Act, 2014
Eviction of tenant, serving of notice by modes laid under S. 106 of Transfer of Property Act: Bom HC discusses all [Detailed report]
Bombay High Court: A.S. Gadkari, J., while addressing a matter of the eviction of a tenant focused on the modes of serving
Diligence by Purchaser Prior to Acquisition of Secured Assets under SARFAESI
by Bhoumick Vaidya† and Harshini Kotecha††
Cite as: 2021 SCC OnLine Blog Exp 77
Son-in-law and his right on Father-in-laws property | Claim that he was adopted as a member of family subsequent to marriage with daughter: Know what Ker HC decides
Kerala High Court: N. Anil Kumar, J., decided a matter wherein the son-in-law claimed his right on father-in-law’s property while pleading that
Contribution for renovation to father’s self-acquired property a ground to not being evicted ? Here’s what P&H HC opined while deciding on Eviction Order for Son and Daughter-in-law
Punjab and Haryana High Court: Expressing that when the children, who the parents have reared with untold sorrows and miseries, throw them
Transfer of Property to a Child in a Mother’s Womb
by Simran Kaur Bhatia†
Explained| How to know if a document is a mortgage or a conditional sale?
Supreme Court: The bench of Hemant Gupta and AS Bopanna, JJ has held that in order to determine whether a document is
Ownership – Meaning and modes of acquiring
by Achal Gupta†
Utt HC | Supply of cement, steel and bricks etc. to the contractors by Government Department, for which cost is deducted from bills of contractors amounts to sale, thus taxable, Court allows revision petition
Uttaranchal High Court: A Division Judge Bench of K.M. Joseph and Sharad Kumar Sharma, JJ., had allowed a revision which was filed
Ker HC | Court orders Maintenance Tribunal to reconsider the case and elicit truth by inquisitorial approach under MWPSC Act
Kerala High Court: A. Muhamed Mustaque, J. dismissed a petition challenging the order of Appellate Authority under Maintenance and Welfare of Parents