Appellants placed strong reliance on the Minority Judgment [Paragraphs 25-30] in M/s. Raval, (1974) 1 SCC 424 delivered by Hon’ble Justice P.N. Bhagwati. Respondents contended, the reliance on the Minority Judgment is misplaced. “The moot question to be answered is whether during currency of contractual tenancy i.e. during the currency of agreed rent between the […]
Read more "Determination of Fair Rent / The Revival of Ray XXXIX"“Possessory claim of the Hindus to the composite whole of the disputed property stands on a better footing” is the decisive observation. Importantly, the Supreme Court has in strongest terms castigated the damage caused to the mosque in 1934, its desecration in 1949 leading to the ouster of Muslims, and the eventual demolition of the mosque […]
Read more "The Nature of Judicial Power: Senior Advocate, Rakesh Dwivedi"“Janmaasthan of Lord Ram is the place where Babri Mosque has been constructed.” Mikhail Tal, born on 09.11.1936, said once, “you must take your opponent into a deep dark forest where 2+2=5, and the path leading out is only wide enough for one”. M Siddiq v. Mahant Suresh Das, [Civil Appeal Nos. 10866-10867 of 2010], […]
Read more "The Nature of Judicial Power: Proprietary Claims of Religion"My Lord, A plaintiff claiming title by adverse possession can maintain a suit under Article 65 of The Limitation Act, 1963 for declaration of title? Yes. Historically, adverse possession is a pretty old concept of law. It is a useful but an often-criticized concept. It is a hostile possession, clearly asserting hostile title in denial […]
Read more "The Sword of Adverse Possession"“The adjudication in the present case must proceed on the foundation that Shiv Dev Kaur had a life interest in the property. Creation of a tenancy was an incident of the life interest which she had. It was means of her generating rental income to sustain herself. This was authorized by the will. The submission […]
Read more "Trespassing Tenant"“It will be noticed that ‘validity’ of an Arbitration Agreement is apart from its ‘existence’. One moot question that therefore, arises, and which needs to be authoritatively decided by a Bench of Three Learned Judges, is whether the word ‘existence’ would include weeding-out Arbitration Clauses in agreements which indicate that the subject-matter is incapable of […]
Read more "Referred to Larger Bench XVIII: Arbitrability, The Transfer of Property Act"‘De Facto’ Possessor of Object v. ‘De Jure’ Owner of Object ≈ ‘Actually’ Has v. ‘Ought’ to Have “A person who asserts possessory title over a particular property must show that he is under settled or established possession of the said property – settled possession means such possession over the property which has existed for […]
Read more "Animus Possidendi"