
property

Chh HC | Whether the ‘bank account’ falls within the term “property” under S. 102 (1) CrPC? HC elaborates in regard to the settled position of law
Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the petition holding that bank account is considered as property within the meaning of
Jhar HC | [Article 300-A] A person cannot be deprived of his property merely by executive fiat without any specific legal authority or without the support of law made by a competent legislature; Petition allowed
Jharkhand High Court: Rajesh Shankar, J., quashing the impugned letter, held, “The respondent 5 being an administrative/revenue Officer is supposed to know
Chh HC | Whether transfer/sale of Abadi land is complete without delivery of possession of the land along with superstructure in favour of the purchaser? HC decides
Chattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such
Ker HC | [SARFAESI Act] Whether the State has better right in comparison to Banks and other Financial Institutions over secured assets for recovery of its dues; legal position reiterated
Kerala High Court: A.M. Badar J., allowing the present petition, quashes the attachment made by the State authorities to recover tax dues.
All HC | While exercising inherent jurisdiction under S. 482 CrPC, can High Court make any comment on factual matrix of the case? Court answers
Allahabad High Court: Ram Krishna Gautam, J., held that as per Section 482 Criminal Procedure Code, 1973, while exercising the inherent jurisdiction, High
Ker HC | Is there a limitation period for wife to claim property entrusted to in-laws given in form of dowry? Court answers
Kerala High Court: A Full Bench of A.M. Shaffique, Sunil Thomas and Gopinath, JJ., held that there is no limitation period for wife/divorced wife
[Succession] Madras HC | “Stale claim resurrected for some other reason”: Court rejects claim to property filed by husband and son of alleged co-parcener
Madras High Court: R. Subramanian, J., dismissed the second appeal filed in regard to suit for partition and granting possession of share to
Del HC | “Surprised” at advocates moving Court for legal opinion, HC dismisses application under S. 151 CPC
Delhi High Court: A Division Bench of Rajiv Sahai Endlaw and Asha Menon, JJ., dismissed an application filed under Section 151 CPC

Bom HC | Pension payable to employees upon superannuation is a ‘property’ under Art. 300-A & fundamental right to livelihood under Art. 21: Pension can’t be deducted without authority of law
Bombay High Court: A Division Bench of R.K. Deshpande and N.B. Suryawanshi, JJ., while addressing an issue with regard to the deduction of

Delayed handing over of possession amounts to ‘deficiency’; flat buyers entitled to compensation: SC
“Flat purchasers suffer agony and harassment as a result of the default of the developer. Flat purchasers make legitimate assessments in regard
Ker HC | Can person with physical infirmities seriously affecting cognitive functions file suit through ‘next friend’?
Kerala High Court: A Division Bench of S.V. Bhati and Bechu Kurian Thomas, JJ., addressed an issue pertaining to the following terms, Total

Daughters have coparcenary rights by birth even if father died before the Hindu Succession (Amendment) Act, 2005 came into force [DETAILED REPORT]
Supreme Court: The 3-judge bench of Arun Mishra, SA Nazeer and MR Shah, JJ has held that daughters have right in coparcenary
Ker HC | Surveyor is at liberty to adopt any feasible method for measuring property
Kerala High Court: B. Sudheendra Kumar, J., disposed an original petition challenging the competency of the Commissioner in measuring the land. The

SL SC | Where there is a variation between description and extent in a deed, description will prevail
Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Prasanna Jayawardena, L.T.B. Dehideniya and S. Thurairaja, JJ.,

Bom HC | Plaintiff protecting possession of immovable property need not prove title to it where suit filed on the basis of settled exclusive possession
Bombay High Court: S.C. Gupte, J., while allowing a second appeal filed by the plaintiff against the order of the first Appellate court,

SA HC | Essence of robbery is that violence must be intended to induce submission to the taking of the property
South Africa High Court, Kwazulu-Natal Division: The Division Bench of Lopes and Radebe, JJ. while allowing the appeal reduced the sentence for
Kar HC | Widow cannot be divested of property inherited from her deceased husband, on remarriage
Karnataka High Court: Krishna S Dixit, J. dismissed a petition in limine, filed against an order of the Senior Civil Judge; on

Question Marks on Efficacy of the Principle of Constructive Notice
Bhumesh Verma, Managing Partner and
Abhisar Vidyarthi, Student Researcher, Corp Comm Legal
Cite as: (2019) PL (CL) June 74

PMLA | Investigating Authority cannot attach the property indefinitely in the name of investigation
Appellate Tribunal, Prevention of Money Laundering Act (New Delhi): A Coram of Manmohan Singh (Chairman), J. and G.C. Mishra (Member) allowed an