Created by Fuzzy Cloud | Our 2nd AI-Powered Solution
250 judgments · newest first · showing 201–250
The plaintiff, Jaipur Traders Corp. Pvt. Ltd., executed a sale deed for an oil mill and received an initial payment, but the balance consideration was withheld pending income‑tax clearance. The parties entered into a written settlement with a director that deferred the balance payment until all …
Jamail Singh executed two sale deeds on the same day, one (Ex P-2) at 10:00 a.m. and the other (Ex D-1) with no time recorded. Lower courts found that Ex P-2 was executed earlier and therefore should have priority over Ex D-1. The Punjab and Haryana High Court affirmed this finding and dismissed the …
The respondent attempted to gift out‑houses attached to a building to his wife by an unregistered declaration dated 10 October 1966. The Gift Tax Officer rejected the claim, holding that Section 123 of the Transfer of Property Act, which requires a registered instrument for a gift of immovable …
The State of Haryana acquired about 180 acres of land for a feeder project and awarded uniform compensation rates. The High Court, relying on a single sale deed, directed the State to pay Rs.1,72,000 per acre plus an additional Rs.30,000 for "potential value". The State appealed, arguing that …
The State, represented by the Land Acquisition Officer and Mandal Revenue Officer, sought to acquire 7.35 acres of land and initially valued it at Rs 17,200 per acre. The District Court enhanced the valuation to Rs 65,762 per acre, and the Andhra Pradesh High Court further raised it to Rs 75,000 per …
Western Press Pvt. Ltd., a company that was not a party to the proceedings before the Special Court under the Securities Act, 1992, sought to prevent its premises from being attached for recovery of public money siphoned through a group of companies. The Special Court had passed a consent decree …
The dispute arose after the death of Chiranjilal Srilal Goenka, whose daughter claimed inheritance under a will, while his adopted son claimed rights based on a letter dated 26‑January‑1961 from his natural father promising him inheritance. An arbitrator held the will inoperative and declared the …
The appellant filed a suit for partition of property claiming a two‑fifths share based on a custom that sons and daughters inherit equally among Roman Catholic Christians of the Latin rite. The appellant also contested the validity of a gift deed (Exhibit B‑1) and a settlement deed (Exhibit B‑2), …
Anthony was inducted into possession of a shed by the owner under an unregistered lease deed for five years and paid monthly rent. The ownership later passed to the respondents who sued for eviction; the trial court dismissed the tenancy claim and decreed eviction. On first appeal, the district …
The appellant, the legal representative of the mortgagor, filed a suit for redemption of a usufructuary mortgage and possession of a shop. The defendant claimed the mortgage was a sham designed to evade rent‑control law and that the parties were landlord and tenant. The trial court and the first …
The appellant executed a sale deed in favour of the respondent but refused to cooperate for its registration. The respondent filed a suit for specific performance seeking registration of the deed, along with injunction or possession of the immovable property. The trial court held that the suit was …
The widowed wife and children of the deceased Murlidhar Hemdev claimed a right to specific plots in a Thane development, alleging that a registered rectification deed admitted their title and that a release deed dated 27‑03‑1979 was forged. The builder, having obtained sale agreements from various …
Harendra Mehta and his family (appellants) and Mukesh Mehta and his family (respondents) were brothers who owned businesses and properties in India and the United States. They executed an arbitration agreement appointing their elder brother as arbitrator to divide the assets, and the arbitrator …
The plaintiff, legal representatives of the deceased Brij Raj Singh, sued the defendants for possession of land on the basis of a registered gift deed dated 18‑Jan‑1961, executed by the donor Kanwar Chander Raj Saran Singh and presented for registration by a duly authorised attorney. The trial court …
The appellant, a neighbour of a parcel of land, claimed a right of pre-emption under sub‑clause (3) of Section 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, after the land was gifted by his brother (the third respondent) to his sister (the fifth …
The appellants entered into an agreement for sale of a flat under Section 4 of the Maharashtra Ownership Flats Act, paid the required registration fee and later had the agreement impounded with a demand for stamp duty under Section 32A of the Bombay Stamp Act. They contended that the document was …
The Supreme Court examined whether a purchaser who has taken possession of flats after full payment, but without a registered deed, is the "owner" for tax purposes under Section 22 of the Income‑Tax Act, 1961. The assessee argued that the rental income should be taxed under Section 56 as "income …
The appellant, Satish Kumar, leased immovable property to the respondent, Zarif Ahmed, for eleven months at a monthly rent of Rs.220. After the tenant defaulted, the landlord obtained a decree of ejectment from the trial court, which the High Court set aside on the ground that the unregistered lease …
Mithlesh Kumar filed a suit for perpetual injunction against Manohar Lal to prevent construction that would violate a 1964 agreement restricting openings and structures on the land purchased by the respondent. The respondent argued that the agreement, though unregistered, was a compulsorily …
Sharanappa Basappa Dindawar owned 15 acres 6 gunthas in Survey No. 102 and 28 acres 10 gunthas in Survey No. 28/2. By a registered exchange deed dated 18 August 1971 he swapped the 28 acres 10 gunthas for 30 acres 24 gunthas of land in Survey No. 175, increasing his total holding to 45 acres 30 …
The property of the late Syed Md. Mahibullah passed to his widow, five daughters and five sons. After the widow's death, the five sisters relinquished their shares in favour of their five brothers, an oral gift that the Supreme Court held to be valid under Muslim personal law with constructive …
The Zila Dastavej Lekhak Association, representing persons licensed under the Uttar Pradesh Document Writers' Licence Rules, 1977, challenged the validity of Rule 6(2) which excludes advocates (and parties) from the requirement of obtaining a licence to draft and present documents for registration. …
The appellant S. Noordeen challenged the validity of a sale of properties that had been attached before judgment in a suit (O.S. No. 95/53) to recover a debt from D.J. Gonzaga. The properties, including items 1‑7 attached under Order 38 Rule 6 of the CPC, were incorporated in a compromise decree …
S.P. Goel applied to register a will, but the Sub‑Registrar impounded it, deeming it a deed of conveyance that was not duly stamped. The Collector of Stamps required additional documents and payment of stamp duty before registration could proceed. Goel filed a complaint under the Consumer Protection …
The petitioner sought a declaration and injunction to prevent the attachment and sale of land that had been attached to satisfy a monetary award against the respondent society. He relied on Section 53-A of the Transfer of Property Act, claiming that an agreement of sale executed after the attachment …
The appellant, an illiterate Harijan widow, sued to cancel a sale deed she had executed in favour of the respondent, alleging fraud, that she thought she was executing a will, and that the deed was obtained without consideration. The trial court, appellate court and Allahabad High Court all held …
The State of Punjab appealed against the District Collector's order demanding stamp duty and registration fees on a sale deed executed in favour of M/s Mahajan Sabha, a society registered under the Societies Registration Act. The deed, valued at Rs. 2,50,000, was registered without stamp duty or …
The petitioners were appointed as Registration Clerks on a daily‑wage basis for short periods under a Governor’s sanction that limited such appointments to three months per financial year. They claimed that their appointments were regular under the Uttar Pradesh Registration Manual and sought …
Savita Dey leased premises to the respondents under a registered deed dated 6 July 1964 for a term of 21 years at Rs.475 per month, later increased to Rs.501 per month in accordance with a clause linking rent to municipal tax increases. When the lease expired on 30 June 1985, Dey served a quit …
The petitioners, heirs of a common ancestor, claimed a one‑third share in land, relying on a 1973 declaratory decree that had been obtained on the basis of the defendant’s written admission of their title. The decree was never registered. The trial court held the decree illegal; the appellate courts …
The State of Madhya Pradesh granted the appellants a right to catch fish in government tanks. The appellants argued that this right was merely a licence and therefore not subject to compulsory registration under the Indian Registration Act, 1908 or stamp duty under the Indian Stamp Act, 1899. The …
The State of Gujarat acquired land for an irrigation dam project. The land owners entered into written agreements under Section 11(2) of the Land Acquisition Act, 1894, accepting the compensation determined by the Collector plus an additional 25% and expressly waiving their right to seek a reference …
The Supreme Court examined the compensation payable to P. Ram Reddy for land acquired by the Hyderabad Urban Development Authority under the Land Acquisition Act, 1894. The Court held that the market value of acquired land must include the value attributable to its building potentiality, which must …
Devika Rani allegedly executed a sale deed that was never registered. K.T. Plantations filed a civil suit seeking a declaration that the deed was valid, while Devika Rani denied ever executing it, alleging fraud. The Sub‑Registrar refused to register the deed and the matter was appealed to the …
The plaintiff claimed possession of land leased to him in 1949, which was registered in 1950 after the Madhya Pradesh Abolition of Proprietary Rights Act vested the land in the State. The appellant argued that the lease was void under Section 6 of that Act and that he had acquired title by adverse …
Sardar Singh claimed a half‑share in a house purchased by his brother Kartar Lal, which was later sold by Kartar Lal to Joginder Nath (respondent). A private arbitration award declared that both brothers were co‑owners, each holding an equal share, but the award was not registered. The respondent …
The petitioners challenged the Karnataka State Government's orders permitting a partnership firm to sell excess vacant land under the Urban Land (Ceiling & Regulation) Act, 1976, alleging that the State lacked authority to grant such exemption and that the sale deed was void. The Supreme Court …
Six brothers who were partners in two firms entered into arbitration to resolve disputes. The arbitrators awarded a division of the firms' assets, including immovable properties, among the brothers upon dissolution. A Single Judge ordered the award to be registered before it could be made a rule of …
The appellant purchased a suit‑property from the vendors by a sale deed executed on 9 September 1970 and registered it on 26 October 1970. Before the registration, the respondent filed a money suit on 13 September 1970 and obtained attachment before judgment of the property on 17 September 1970, …
The appellant, a retired army subedar and displaced person, bought a 7‑kanal parcel of land in a public auction in 1967 and was issued a sale certificate in 1973, making him the legal owner under the Displaced Persons Compensation and Rehabilitation Rules. The second respondent, also a displaced …
The petitioners purchased immovable property at auction sales conducted by the Tax Recovery Officer (TRO) for recovery of income‑tax and were issued certificates of sale. They approached the Sub‑Registrar to register the certificates, but the Sub‑Registrar and the Collector of Stamps refused unless …
The case concerned a widow, Smt. Yashoda Bai, who owned her late husband's immovable property and later adopted a son, executing an unregistered deed of adoption that purported to divest her of any right to alienate the property. She subsequently executed a registered sale deed in favour of the …
The landlord (respondent) leased premises to Bajaj Auto Ltd (appellant) under an unregistered lease deed that prohibited sub‑letting without the landlord’s written consent, but allowed assignment to associate concerns without consent. Bajaj Auto sub‑let the premises to United Automobiles, its …
Lachhman Dass and Ram Lal entered into an arbitration agreement to settle a land dispute. The arbitrator awarded that half of the appellant's share in the land would now belong to the respondent, effectively creating a new right in immovable property valued over Rs 100. The award was filed for …
The case involved descendants of a common ancestor who had partitioned their agricultural land in 1955 and later their residential properties. A memorandum of partition (Exh. P‑12) dated 3 August 1955, later confirmed by a settlement (Exh. P‑1) on 31 January 1971, listed the properties allotted to …
The appellants and respondent entered into a partition agreement which was referred to arbitration; the arbitrators rendered an award on 28 November 1977. The award was filed in court on 28 January 1978 and an interim injunction was issued on 26 July 1978, keeping the award in the court's custody …
The dispute concerned the inheritance of immovable and movable property of a deceased father and was referred to arbitration. The arbitrator's award directed payment of sums and stipulated residence rights, but did not actually create or extinguish any right in the immovable property. The first …
The State of Orissa issued notifications under the Orissa Sales Tax Act, 1947, imposing a 10% purchase tax on bamboos and standing trees agreed to be severed. Petitioners challenged the validity of these notifications, arguing that the transactions were not sales of goods, that the tax amounted to …
The suit concerned land that Venkataramabhadra Naidu had donated to the Bhoodan Yagna in 1953 by unregistered deeds. After the Madras Bhoodan Yagna Act, 1958 (later amended in 1964) the Bhoodan Board allotted the land to the respondents. Naidu subsequently sold the same land to the appellants in …
Biswabani Pvt. Ltd. occupied Kalpana Theatre under a registered lease (1948‑53) and later under a consent decree that attempted to create a fresh five‑year lease starting March 1955. The fresh lease was not registered, rendering it void under the Transfer of Property Act. After the five‑year period …
