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Showing posts with label possession. Show all posts
Showing posts with label possession. Show all posts
Saturday, 4 October 2025

Supreme court: Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) of Hindu Succession Act Only If She Possesses It

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 Seen in the light of the ratio of the above judgments, it is clear that for establishing full ownership on the undivided joint family estat...
Tuesday, 25 February 2025

Important highlights of Supreme Court Judgment "Just Rights for Children Alliance and Ors. vs. S. Harish and Ors."

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 Ratio Decidendi: Any act of viewing, distributing or displaying etc., of any child pornographic material by a person over the internet with...
Tuesday, 12 November 2024

What are different Kinds of Possession of immovable property?

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“Possession is nine points in law,” is a principle that highlights the crucial role possession plays in determining ownership and legal righ...
Wednesday, 17 July 2024

Whether the State can claim a right in a immovable property in the basis of gift deed if its name is not mutated in revenue record since long?

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  The title of the land in suit had passed on to the State after the donation and transfer of possession and after construction, the hospita...
Monday, 19 February 2024

Whether widow will acquire ownership right over property in her possession recognizing her pre-existing right of maintenance?

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 It may be noted that in the Will executed by Harinarayanji in favour of Daulalji, there was no mention of the suit property. What was state...
Sunday, 18 February 2024

Supreme Court: Suit for declaration of title simpliciter is not maintainable without claiming consequential relief of possession

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 In Ram Saran v. Ganga Devi [MANU/SC/0523/1972 : (1973) 2 SCC 60] this Court had categorically held that the suit seeking for declaration of...
Wednesday, 30 August 2023

Whether hindu woman can claim right in immovable property U/S 14(1) of Hindu Succession Act if she was not in possession of that property?

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  Section 14 subSection  (1)  had no application in this case. The essential ingredient of  Section 14 sub Section (1) is possession over th...
Saturday, 10 June 2023

Whether Will(Before Death Of Testator) Or General Power Of Attorney(GPA) Can Confer Title In Immovable Property?

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  It goes without saying that the power of attorney executed by the Defendant-Appellant is of no consequence as on the strength of said powe...

Whether the court can protect the possession of a person who is claiming title to an immovable property based on an agreement of sale?

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No doubt, agreement to sell is not a document of title or a deed of transfer of property by sale and as such, may not confer absolute title ...
Sunday, 16 April 2023

Under which circumstances land acquisition will not lapse even if compensation is not paid or possession of acquired land is not taken?

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  366. In view of the aforesaid discussion, we answer the questions as under: 366.1. Under the provisions of Section 24(1)(a) in case the aw...

Can the previous owner of acquired land be considered a trespasser if they retain or re-take possession of the land?

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  The issue as to what is meant by "possession of the land by the State after its acquisition" has also been considered by Constit...
Friday, 14 April 2023

Can a person be convicted U/S 27 of the Drugs and Cosmetics Act if the prosecution fails to prove that the medicine in their possession was for sale?

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 The possession of the drugs is not disputed in this case by either side. However, this Court in the case of Mohd. Shabir v. State of Mahara...
Sunday, 19 February 2023

Whether it is duty of the court to give mandatory injunction in cases of trespass?

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    The entire circumstances revealed from the evidence on record unerringly point to the fact that the Appellant had encroached upon land b...
Sunday, 15 January 2023

Can the plaintiff get possession of the suit property if the defendants fail to prove their title over the suit property?

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In the above factual background, for the Plaintiff to succeed, she has to establish that she has a legal title to the Schedule 'A' p...
Saturday, 31 December 2022

Can the person who has retained or trespassed on land after land acquisition claim tenancy over acquired land?

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In the case of Indore Development Authority vs. Manoharlal and others, reported in MANU/SC/0300/2020 : (2020) 8 SCC 129, Apex Court has obse...
Thursday, 15 December 2022

Whether land acquisition shall be deemed to have been lapsed if authorities can not take possession of the acquired land due to pending litigation?

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366.3. The word "or" used in Section 24(2) between possession and compensation has to be read as "nor" or as "and...
Saturday, 9 July 2022

Can the owner of land get compensation under land acquisition if he fails to prove that he was in possession of that land?

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  Considering the facts of the present case in the light of the law laid down by the Hon’ble Supreme Court in Syed Maqbool Ali (Supra), this...
Tuesday, 26 April 2022

Can the court give possession of suit property to the decree-holder if Plaintiff has not claimed relief of possession in the suit for specific performance of the contract?

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  There was no provision in the Specific Relief Act, 1877 corresponding to Section 22 of the Act. Section 22 came to be part of the Act, in ...
Wednesday, 13 April 2022

Whether any unauthorized sale made by the agent will tantamount to the Principal parting with possession of immovable property?

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 The reasoning given by the High Court for holding that the appellant ought to have challenged the alienations, is that the appellant was ou...
Friday, 10 September 2021

Whether court can suo moto convert suit for possession of property purchased in court auction into application U/O 21, Rule 95 of CPC?

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In the case of K. R. Lakshminarayana Rao Vs. New Premier Chemical Industries, (2005)9 S.C.C. 354, the plaintiff/decree holder himself purcha...