It manifests, legislative intent is to make The Real Estate (Regulation and Development) Act, 2016 applicable not only to projects which were yet to commence after RERA became operational but also to bring under its fold ongoing projects. The distinction between retrospective and retroactive has been explained in Jay Mahakali Rolling Mills v. Union of […]
Read more "Retrospective v. Retroactive II"Suresh Lohiya v. State of Maharashtra, (1996) 10 SCC 397 struck a ‘discordant note’, drawing a distinction between ‘nature’s gifts’ such as charcoal, mahua flowers or minerals and articles produced with aid of human labour which, according to it, was not included in ‘forest produce’ under The Kerala Forest Act, 1961. Suresh Lohiya did not […]
Read more "Nature’s Gifts"Two-Judge Bench of Mathew Varghese v. M. Amritha Kumar, (2014) 5 SCC 610 has heavily relied on Three-Judge Bench of Narandas Karsondas v. S.A. Kamtam, (1977) 3 SCC 247. Court held, there was no reason as to why general principle laid down in Narandas Karsondas, with reference to Section 60 of The Transfer of Property […]
Read more "The Revival of Ray LXXII"Chief Justice A.N. Ray, speaking for a Two-Judge Bench of this Court, in K. Ramadas Shenoy v. Chief Officer, Town Municipal Council, (1974) 2 SCC 506 observed, Municipality functions for public benefit and when it “acts in excess of the powers conferred by the Act or abuses those powers then in those cases it is […]
Read more "Unauthorized Constructions / The Revival of Ray LXX"Harshad Govardhan Sondagar v. International Asset Reconstruction Co. Ltd., (2014) 6 SCC 1 has categorically held, if the tenancy claim is for any term exceeding one year, the tenancy can be made only by a registered instrument. Three-Judge Bench of this Court in Bajarang Shyamsunder Agarwal v. Central Bank of India, (2019) 9 SCC 94 […]
Read more "Registered Instruments of Tenancy"Umabai v. Nilkanth Dhondiba Chavan, (2005) 6 SCC 243 and Tulsi v. Chandrika Prasad, (2006) 8 SCC 322 were not brought to notice of this Court in Vanchalabai Raghunath Ithape v. Shankarrao Baburao Bhilare, (2013) 7 SCC 173. In absence of consideration, we find Vanchalabai Raghunath Ithape will not lay down a binding precedent. – […]
Read more "Binding Precedent"“It cannot be disputed that a person in possession of land in the assumed character of owner and exercising peaceably the ordinary rights of ownership has a perfectly good title against all the world but the rightful owner. And if the rightful owner does not come forward and assert his title by the process of […]
Read more "The True Owner"We overrule the ratio laid down in Himangni Enterprises, (2017) 10 SCC 706 and hold, landlord-tenant disputes are Arbitrable as The Transfer of Property Act, 1882 does not forbid or foreclose Arbitration. However, landlord-tenant disputes covered and governed by Rent Control Legislation would not be Arbitrable when specific Court or Forum has been given exclusive […]
Read more "Referred to Larger Bench XVIII Answered: Arbitrability, The Transfer of Property Act"Section 122 of The Transfer of Property Act, 1882 provides, a valid gift must be gratuitous in nature and must be made voluntarily. The said giving away implies a complete dispossession of the ownership in the property by the Donor. Acceptance of a gift by the Donee can be done anytime during the lifetime of […]
Read more "Gifts, The Transfer of Property Act II"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 arises, 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 Arbitration. Questions […]
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"My Lord, When Lessor and Lessee enter Agreement for Sale/Purchase of the Tenanted Premises, Jural Relationship of Lessor and Lessee [w.r.t. Leased Property/Tenanted Premises] Ends? “Question has to be decided keeping in view Section 111 of The Transfer of Property Act, 1882 and the intention of the parties. Shah Mathuradas Maganlal, (1976) 3 SCC 660 […]
Read more "Express, Implied Surrender, The Transfer of Property Act / The Revival of Ray XII"“Gift means to transfer certain existing moveable or immoveable property voluntarily and without consideration by one person called the Donor to another called the Donee and accepted by or on behalf of the Donee as held by the Supreme Court in Naramadaben Maganlal, (1997) 2 SCC 255. As further held: “It would be clear that […]
Read more "Gifts, The Transfer of Property Act I"In George Leslie v. State of Kerala, AIR 1970 Ker 21 the term ‘Kuttikanam’ was explained as under: “In the Malayalam and English Dictionary by Rev. II. Gundert D. Ph. page 278, ‘Kuttikanam’ is defined as meaning ‘the price of timber; fee claimable by the owner for every tree cut down by the renter’. In ‘The […]
Read more "Kuttikanam / Seigniorage"Before Nemai Chandra Kumar, 2015 (2) SCALE 657 there was, of course, Ramdas Bansal v. Kharag Singh Baid, (2012) 2 SCC 548 pronounced by Hon’ble Justice Altamas Kabir. Entitlement to a portion, carved out of 91, Mahatma Gandhi Road and 6, Sambhu Chatterjee Street, was in question. The two addresses in Kolkata together comprised lands on […]
Read more "Thika Tenancy III"
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