Showing : 1-10 of 46 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8-- Property of minor - Agreement to sell by mother - Suit filed by minor for symbolic possession by way of specific performance - Agreement to sell does not by itself create any interest in or charge on property - Same thus, not fall within meaning of word `otherwise', which requires previous..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objection - Order of eviction on ground of material alteration and denial of title - Plea that only symbolic possession can be given, rejected...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14-- Possession u/s 14 of the Act - Transfer of secured asset by creditor - Only secured creditor can maintain an application of possession u/s 14 of the Act - Transfer of secured asset by creditor who only had symbolic possession of property and not having actual possession cannot be construed to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Co-sharers-- Sale of specific portion of land - No co-sharer recorded to be in possession of any specific portion of joint land - Partition between co-sharers not taken place - Sale of even specific portion of land would amount to sale of only a share in the joint land - As vendors were not in exclusive..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Land Acquisition Act, 1894, Section 17(1)-- Acquisition of land - Urgency clause - Notice to handing over possession issued and report of service of such notice submitted to concerned authority - Thereafter possession was taken - Possession certificates does not show that only symbolic possession was taken - Order of acquisition of land,..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14-- Eviction petition - Ceased to occupy - Mere symbolic possession, if any, is not sufficient to prove that he has not ceased to occupy the demised premises...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Land Acquisition Act, 1894, Section 48, 16-- Release of land - Physical possession of land not taken - Symbolic possession would not serve the purpose - Request for release of land not to be turned down on the ground of operation of S.16 of the Act - Impugned order of High Court rejecting request of appellants for release of acquired land..........
GAUHATI HIGH COURT
Year of decision: 2015
Details
Mohammedan Law -- Oral gift - Validity - No evidence as to when oral gift was made or when alleged delivery of possession was made - One of the essentials of oral gift i.e delivery of possession is lacking - Concept of symbolic delivery of possession, not applicable to the facts of case as donor and donee are not..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Where a party continues to be in possession of property in spite of passing of decree against it or where there was only a symbolic delivery of possession, a party who had been in possession of property, need not to file an application u/s 144 CPC - It only enables a party to take..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic..........

Showing : 1-10 of 46 Results