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SUPREME COURT OF INDIA

Year of decision: 2019
Details

Constitution of India, 1950, Article 32, Shri Jagannath Temple Act, 1954, Section 21 -- Administration of Temple - Immovable/movable property - Directions issued that: (i) Record of Rights be prepared, as far as possible, within 6 months and same be placed before Supreme Court; (ii) Other immovable properties within and outside the State, let inventory be prepared and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Punjab Wakf Act, 1995, Section 107, Limitation Act,1963 -- Wakf property - Applicability of Limitation Act - S.107 of Punjab Wakf Act postulates that nothing contained in Limitation Act would apply to a suit for possession of immovable property comprised in any Wakf or for possession of any interest in such property - Therefore, suit filed by plaintiff could not be said..........

KERALA HIGH COURT

Year of decision: 2019
Details

Registration Act, 1908, Section 17 -- Right of pre-emption based on u, registered agreement - Pre-emption right being a partial restraint over right of owner restricting its transfer and alienation, though not creates any immediate right, title or interest over property when property is put in sale - Restraint on transfer and right of transfer are two sides of same coin..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14, 17 -- Sale of immovable secured asset - Until and unless mortgaged property is demarcated and possession is taken thereof, it cannot be put to sale as petitioner is a co-sharer in the property who is neither a borrower nor a guarantor...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 102 -- Seizure of property during investigation - Power of seizure in S.102 is limited to movable property and does not include the power to attach, seize and seal an immovable property...........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 420 -- Cheating - Transfer of property - Defect in title - There is difference between mere concealment or non disclosure and a false representation - There is no legal duty for vendor of immovable property to disclose any charge or encumbrance, yet, if a false representation is made and acted upon, and as a result, money passed, then tough..........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Registration Act, 1908, Section 49 -- U, registered sale deed - Admissible for collateral purpose to limited extent of showing possession of plaintiff and that in a document of sale, possession is treated as collateral to main transaction affecting immovable property...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 102 -- Seizure of property - Police officer has no power to seal immovable property - Seizure u/s 102 Cr.P.C would mean as taking actual possession of movable property only - Police officer thus, wrongly sealed the premises of petitioner's firm, as police officer has no power to seal immovable property - Direction issued to I.O to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Registration Act, 1908, Section 17(1)(b), (c), (1A) -- Where registration of document is compulsory - Any non-testamentary instrument either creating or limiting or extinguishing a right, in immovable property above value of Rs. 100/- is compulsorily registrable...........

KERALA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - When incorporeal or intangible asset is sought to be attached then merely because property is incapable of division or appointment as in the case of movable or immovable property is not a valid ground for refusing order of attachment U.O.38.R.5 CPC...........

Showing : 91-100 of 856 Results