“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"
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"
Before Nemai Chandra Kumar, 2015 (2) SCALE 657, the last concluded judgment of the SC on the issue of Thika Tenancy, there was of course, Ramdas Bansal v. Kharag Singh Baid, (2012) 2 SCC 548 pronounced by Hon’ble Justice Altamas Kabir. In that case, entitlement to a portion carved out of 91, Mahatma Gandhi Road and 6, […]Read more "Thika Tenancy III"
The Battle Royale between Mr. Jaideep Gupta and Mr. Harish Salve on the subject of “Thika Tenancy Laws” now stands concluded in Mr. Gupta’s favour. Congratulations, Sir. Saw it all. In Nemai Chandra Kumar v. Mani Square Limited, 2015 (2) SCALE 657 – the Respondents, led by Mr. Salve, contended that under The Calcutta Thika […]Read more "Thika Tenancy II"