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In S. Kaladevi v. V.R. Somasundaram, (2010) 5 SCC 401, the Supreme Court had held that an unregistered document may be received as evidence of a contract in a suit seeking specific performance.
by Shweta Walecha* and Derlene Joshna**
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.
“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.”
This report covers the Supreme Court’s Never Reported Judgment, on suit for specific performance, dating back to the year 1953.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on partial partition.
Institute of Advanced Legal Studies (IALS) announces Online Diploma in Housing Laws (an autonomous Diploma Course of the Indian Law Society). About
“This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on Transfer of Property Act, 1882.”
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.
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.
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.
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.
by Siddharth R. Gupta† and Prakriti††
Cite as: 2023 SCC OnLine Blog Exp 29
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.
Supreme Court: In a suit for specific performance the Division Bench of Indira Banerjee* and Hrishikesh Roy, JJ., explained the
Supreme Court: The Division Bench comprising of Hemant Gupta* and V. Ramasubramanian, JJ., reversed concurrent findings of Trial Court and Punjab and
Bombay High Court: The Division Bench of V.M. Deshpande and Amit Borkar, JJ., expressed that a transaction by a natural guardian of