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Showing posts with label owner. Show all posts
Showing posts with label owner. Show all posts
Sunday, 18 June 2023

Who can be treated as the owner of immovable property as per MRTP Act where unauthorized construction is done?

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  Plain reading of the above provisions of law discloses that in cases of any development within the territorial limits of the planning auth...
Tuesday, 13 June 2023

Should the Slum Authority Issue Individual Notices to All Owners and Occupiers of Immovable Property Before Declaring an Area as a Slum Area?

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The short point which really falls for consideration in the present Writ Petition is  whether publication of a Notification issued under Sec...
Monday, 18 October 2021

Whether Municipal appeal is maintainable against issuance of property tax bill?

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   It is now well-settled that the right to file an appeal is a creation of the statute.  Section 406(1)  provides of appeals against any ra...

Under which circumstances tenant can file a municipal appeal against fixation of rateable value?

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  The last question, which requires consideration is whether the occupiers or the tenants have a right of filing a complaint and thereafter,...

Should Municipal Corporation give general particulars like the assessment method in the special notice issued for assessing property tax?

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  It was vehemently contended that the special notice, which is issued must mention material particulars, like method of assessment, carpet ...

Under which circumstances can the court determine the correct rateable value of the property for assessing property tax?

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   But, where the principle of waiver does not apply and a notice under Rule 15(2) is not issued and an assessment is made, then after comin...

Does the principle of waiver apply if the property owner files a complaint against an assessment of property tax even though he has not received a special notice?

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   It was further submitted that when the property is newly constructed or the rateable value is to be increased, then issuance of a notice ...

Whether Municipal Corporation should give a special notice to both owner and occupier of property for assessment of property tax?

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It was then submitted that special notice under Rule 15(2) must be issued to the owner, as well as to the occupier. In support of this submi...
Tuesday, 6 April 2021

Can the court grant an injunction to the hotel operator to restrain the hotel owner from dispossessing him from the hotel premises after his agency's termination?

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The submission of Mr. Dutt is primarily by relying upon Sections 202 and 221 of the Contract Act. The said Sections are reproduced as under:...
Saturday, 11 July 2020

Whether a person who acquires possession of the immovable property under a defective title becomes its owner by adverse possession after passing of twelve years?

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It is well settled that a person who enters into possession of the property under an invalid transaction of transfer by way of sale etc. a...
Wednesday, 8 January 2020

Supreme Court : Borrower of vehicle can not claim compensation from owner or insurer of vehicle U/S 163A of MV Act

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 An identical question came to be considered by this Court in the case of Ningamma (supra). In that case, the deceased was driving a m...
Sunday, 18 August 2019

Whether award passed by motor accident tribunal will be vitiated if driver is not made party to proceeding?

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Thus, the law is that the claimant while filing a claim application is under no obligation to ensure that all necessary and proper partie...
Sunday, 28 July 2019

Whether a person can become owner of property by adverse possession on basis of unregistered sale deed?

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 It was submitted by Mr. Prabhakar that document dated 12.11.1960, being an unregistered one, could certainly not be relied upon to advan...
Tuesday, 19 February 2019

Whether suit for declaration that plaintiff has become owner by adverse possession is maintainable?

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Both the substantial questions of law relates to the issue of ownership by adverse possession. In the case of Gurdwara Sahib V/s. Gram Pan...
Sunday, 3 February 2019

Whether rightful owner of land can retake possession of land?

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 In the case of  Rame Gowda (dead) by Lrs. v. M. Varadappa Naidu (dead) by Lrs. and another , (2004) 1 SCC 769, a threeJudge Bench of th...