sale deed Archives

Whether stamp duty payable on sale deed to be calculated as per prevailing market value of property on execution date? Supreme Court answers

“Stamp Act in its application to Uttar Pradesh has been amended by the UP (Stamp Amendment Act 1952) and Article 23 of Schedule IB as applicable to UP.”

Case Briefs Supreme Court

Supreme Court emphasises on Appellate Courts’ limited scope in remanding back the matter for a de novo trial

The remand in the present case could only be correlated with Rule 23-A of Order XLI CPC and for its applicability, the necessary requirements were that “the decree is reversed in appeal and a re-trial is considered necessary”, thus, the Supreme Court held that the remand in the present case was not justified.

Case Briefs High Courts

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.

Case Briefs Supreme Court

Explained| Party willing to pay but has no funds: Will it amount to readiness and willingness for specific performance of a contract?

Supreme Court: In a suit for specific performance the Division Bench of Indira Banerjee* and Hrishikesh Roy, JJ., explained the

Case Briefs High Courts

[Benami Property] Madras High Court | Writ shall not be entertained against a mere show cause notice; Upholds order of Deputy Commissioner, IT

Madras High Court: A Division Bench of R. Mahadevan and Sathya Narayana Prasad, JJ. approved the orders of the Deputy

Case Briefs Supreme Court

CPC Order XV Rule 5| Mere denial of landlord-tenant relationship doesn’t grant tenant a holiday from duty to pay rent/damages: SC

Supreme Court: The Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., held that in cases disclosing deliberate defiance and elective non-performance

Case Briefs High Courts

Whether a natural guardian having executed sale-deed of property of a minor in favour of a third party and thereafter repurchased part of it, can be prosecuted for offences under Ss. 420, 467, 468, 471 of IPC that too, after more than 35 years from date of attaining majority by minor? Bom HC discusses

Bombay High Court: The Division Bench of V.M. Deshpande and Amit Borkar, JJ., expressed that a transaction by a natural guardian of

Case Briefs Supreme Court

Merely writing “cancelled” on registered power of attorney wouldn’t make it null and void: Supreme Court

Supreme Court: The Division Bench of K.M. Joseph* and Pamidighantam Sri Narasimha, JJ., held that mere writing the word “cancelled” or drawing

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder took money from homebuyer for formation of Co-operative Housing Society, but never formed so: Read why the homebuyer approached Commission

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): The Coram of R.K. Agrawal (President) and Dr S.M. Kantikar (Member) addressed a matter

Case Briefs Supreme Court

Merely because the same caste is recognized as Scheduled Caste in the migrant State, a migrant cannot be recognized as Scheduled Caste of that State: SC

Supreme Court: The Division Bench comprising of M. R. Shah* and A.S. Bopanna, JJ., held that a person belonging to Scheduled Caste

Case Briefs High Courts

Kar HC | Will an ex post facto approval validate a sale deed where prior approval by State Government was a statutory pre requisite? HC answers

Karnataka High Court: S. R Krishna Kumar J. allowed the petition and quashed the sale deed dated 23-08-2006. The present petition was

Case Briefs Tribunals/Commissions/Regulatory Bodies

Completion Certificate issued prior to commencement of The Real Estate (Regulation and Development) Act, 2016: Will buyer’s case be maintainable? Read on

Odisha Real Estate Regulatory Authority, Bhubaneswar: Siddhanta Das, Chairperson, Pradeep Kumar Biswal, Member – I and Ramanath Panda, Member – II held

Case Briefs High Courts

[Public Trust Doctrine] Kar HC | State largesse should not be marred by any arbitrariness while dealing with alienation of natural resources

Karnataka High Court: A Division Bench of Satish Chandra Sharma CJ and Sachin Shankar Magadum J allowed the petition, quashed the initial

Case Briefs High Courts

Law on Fraud | Registration of document by public officer while discharging public duty: A Fraudulent activity? AP HC decides

Andhra Pradesh High Court: M. Satyanarayana Murthy, J., expressed that, “If a party to the document wants to annul the document, he

Case Briefs District Court

Person was minor at the time of execution of sale deed, will registration of sale deed be invalid? Read detailed verdict on property dispute

South East, Saket Courts, New Delhi: Naresh Kumar Laka, Additional District Judge, decided a suit with respect to partition and permanent injunction.

Case Briefs High Courts

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

Case Briefs Supreme Court

Can Courts modify Arbitral Awards under S. 34 of Arbitration Act or is power limited? SC decides

Supreme Court: The Division Bench of R.F. Nariman and B.R. Gavai, JJ., while addressing a significant and interesting question of law expressed

Case Briefs High Courts

Ker HC | Question of sale deed being null and void, emerging out of matrimonial relationship can be decided only by Family Court; HC states

Kerala High Court: T.V. Anilkumar, J., allowed the petition against the impugned order of Munsiff Court, thereby upholding the order of returning

Case Briefs Supreme Court

Signature obtained by fraud? Burden of proof is on the party alleging such forgery; says SC

Supreme Court: The bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has held that for invoking Section 17 of the Limitation Act,

Case Briefs High Courts

HP HC | Suit land being inherited by wife through ‘Will’ lost its character of Joint Hindu Coparcenary Property in view of S.14 of Hindu Succession Act, 1956; Court denied rights to children

Himachal Pradesh High Court: Sandeep Sharma J., upheld the impugned judgment on merits. The facts of the case are such that the