Levy of GST on Assignment of Leasehold Rights: Aftermath of Gujarat High Court’s verdict
by Shweta Walecha* and Derlene Joshna**
Immovable Property
Can a stranger to a suit, dispossessed of immovable property by decree-holder, seek redelivery? Supreme Court answers
Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.
Limitation period for adverse possession commences when possession becomes adverse, not upon plaintiff’s acquisition of ownership: Supreme Court reaffirms
“The evidence on the part of the appellants would reveal that instead of establishing ‘animus possidendi’ under hostile colour of title, they have tendered evidence indicating only permissive possession and at the same time failed to establish the time from which it was converted to adverse to the title of the respondent which is open and continuous for the prescriptive period.”
NRJ Series | When Supreme Court dismissed specific performance suit due to ‘flimsy’ oral evidence for existence of agreement to sell immovable property [(1953) 2 SCC 257]
This report covers the Supreme Court’s Never Reported Judgment, on suit for specific performance, dating back to the year 1953.
Never Reported Judgment | Admitted/proven partial partition leads to presumption of division of all properties, movable and immovable, belonging to joint family [(1953) 1 SCC 414]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on partial partition.
IALS, Pune | Diploma in Housing Laws 2023-24 (Online Program)
Institute of Advanced Legal Studies (IALS) announces Online Diploma in Housing Laws (an autonomous Diploma Course of the Indian Law Society). About
Never Reported Judgment | When a co-sharer in possession of a joint estate disposes of entire property and appropriates sale proceeds, he will be accountable for money to other co-sharers [1951 SCC 122]
“This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on Transfer of Property Act, 1882.”
Homemaker wife contributes equally to husband’s acquisition of family assets; Entitled to equal share in properties: Madras High Court
In generality of marriages, the wife bears and rears children and minds the home. She thereby frees her husband for his economic activities. Since it is her performance of her function which enables the husband to perform his duties, thus she is entitled to share in its fruits.
Whether power of attorney, will, agreement to sell can be recognised as title documents conferring rights in any immovable property? Supreme Court answers
Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.
Explained| Supreme Court’s decision on Liability for payment of Stamp Duty in Immovable Property Sale Deeds
The Supreme Court ruled that the value of the plant and machinery must be considered and ascertained for payment of stamp duty on sale deeds.
Unregistered agreement to sell an admissible evidence in a suit for specific performance; Supreme Court upholds Madras High Court Judgment
Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.
Landmark Judgments on Banking Laws by the SC and HC’s in 2022 (RDDB, SARFAESI, RBI, BRA Enactments) Part II
by Siddharth R. Gupta† and Prakriti††
Cite as: 2023 SCC OnLine Blog Exp 29
Providing medical education and health care services through a hospital amount to business; Maharashtra Appellate Authority for Advance Ruling upholds
The service of medical education falls under the category of “educational institution” as defined under the GST law, and accordingly, it was held that the medical education services provided by the appellant to the students will attract nil rate of GST. Further, as the appellant’s hospital is engaged in providing diagnosis and treatment of the patients, hence, their services can be termed as “health care services”, and accordingly held that the said services will be exempt from the payment of GST.
Explained| Party willing to pay but has no funds: Will it amount to readiness and willingness for specific performance of a contract?
Supreme Court: In a suit for specific performance the Division Bench of Indira Banerjee* and Hrishikesh Roy, JJ., explained the
Person being the highest bidder deposits sale amount for auction property and obtains injunction against Municipality; SC declares the sale non-est for lacking government sanction
Supreme Court: The Division Bench comprising of Hemant Gupta* and V. Ramasubramanian, JJ., reversed concurrent findings of Trial Court and Punjab and
Whether a natural guardian having executed sale-deed of property of a minor in favour of a third party and thereafter repurchased part of it, can be prosecuted for offences under Ss. 420, 467, 468, 471 of IPC that too, after more than 35 years from date of attaining majority by minor? Bom HC discusses
Bombay High Court: The Division Bench of V.M. Deshpande and Amit Borkar, JJ., expressed that a transaction by a natural guardian of
Explained| Is a suit for injunction maintainable where the plaintiff’s title is in dispute?
Supreme Court: The bench of L. Nageswara Rao and BR Gavai, JJ has, in two judgments, has held that where the plaintiff’s