Showing : 11-20 of 46 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Land Acquisition Act, 1894, Section 16-- Acquisition - Mode of taking possession - (i) No hard and fast rule as to what act would constitute taking of possession of the acquired land; (ii) If the acquired land is vacant, the act of the concerned State authority to go to the spot and prepare a panchnama will ordinarily be treated as..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4)-- Taking possession of secured assets - Dichotomy between symbolic and physical possession does not find place in Act - Taking synapolic possession of secured assets, not improper...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Co-sharers-- Can seek joint symbolic possession subject to his right to get actual possession of his share by seeking partition...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Sale deed executed and possession delivered in execution of decree for specific performance - Pendente lite transfer of property during pendency of execution proceedings - Plea of bona fide purchase for valuable consideration without knowledge of alleged defect in title and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Plea that further relief of possession not sought - Plea that it was only symbolic possession which was delivered in execution of decree for specific performance - Held, even symbolic possession amounts to delivery of possession - Even in the sale deed executed in pursuance..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 35-- Suit filed by tenant to restrain owner from evicting him except in due course of law - Bank (second creditor) took symbolic possession of property and admitted it to public auction - Application filed under O.1.R.10 CPC to implead bank and District Magistrate in the suit filed by the tenant..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Suit filed by tenant to restrain owner from evicting him except in due course of law - Bank (second creditor) took symbolic possession of property and admitted it to public auction - Application filed under O.1.R.10 CPC to implead bank and District Magistrate in the suit filed by the tenant..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 14-- Secured assets in bonafide possession of lessees or tenants - Held, they cannot be thrown out by having recourse to provisions of Ss.13 and 14 of the Act - Bank can take only symbolic possession from bonafide tenants/lessees - For taking actual possession, bank will have to take recourse to..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Land Acquisition Act, 1894, Section 48, 17-- Land acquisition - Possession of notified land taken over - Notification u/s 48 of the Act cannot be issued on the ground that major part of land is not physically taken over - When provision of S.17 was taken recourse to, vesting land in State had taken effect immediately - Plea that merely..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 49-- Part performance - Agreement to sell - Possession delivered in pursuance of agreement to sell and this fact incorporated in agreement - Execution of agreement not denied - Agreement unregistered - Held, once the document is not in dispute the same can be used as evidence of possession - It is not..........

Showing : 11-20 of 46 Results