Property & Legal Issues : An Important View of Supreme Court

 Property & Legal Issues : An Important View of Supreme Court

An important Judgment has been passed on 17 January 1990 by Hon'ble Supreme Court.

In context of property related legal issues, it has been commented at page 6 of Chinnammal v P. Arumugham [1990] GCtR 2798 (SC) thus : - 

"Person who purchases the property in court auction with the knowledge of the pending appeal against the decree cannot resist restitution."

"Auction purchaser who was a name lender to the decree holder or who has colluded with the decree holder to purchase the property could not also protected to retain the property if the decree is subsequently reversed."

One can also refer Rodger v. The Comptoir D’ Escompte De Paris, [1869-71] LR 3 P.C. 465. 

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as  17 July 1990.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction. 

Property & A Case : A Recent View of Supreme Court of Feb 2023

 

A Case For Property : A Recent View of Supreme Court of Feb 2023

There have been many interesting decisions passed by Hon'ble Supreme Court in the year 2023.

Let us go through the recent case citation [2023] GCtR 536 (SC) where the relatives of the property seller lost the litigation.

A case related to property was filed. The person who sold the property had died. The death of seller of property occurred after the property sale transaction. The seller's relatives initiated litigation regarding the property. The buyer became the opposite party. The relatives of the seller of property had, in the litigation, questioned the rights of the property buyer. 

It was ultimately found that the property sale transaction was valid and the litigation initiated by the relatives of the seller of the property was found not to have substance. 

What [2023] GCtR 536 (SC) indicates is that in certain situations related to property litigation, there may be no need to issue notice to the opposite party and the case can be dismissed without notice to the opposite party. 

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as 14 July 2020.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.