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 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 a specific Court or Forum has been given exclusive jurisdiction to apply and […]
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"“Reliance has been placed on Sri Nasiruddin v. State Transport Appellate Tribunal, (1975) 2 SCC 671. The word ‘or’ was given grammatical meaning. It was held, the word ‘or’ cannot be read as ‘and’. They should be considered in an ordinary sense. If two different interpretations are possible, Court will adopt that which is just, […]
Read more "Article No. 800: The Revival of Ray XL / Disjunctive, Conjunctive II"Appellants placed strong reliance on Minority Judgment [Paragraphs 25-30] in M/s. Raval, (1974) 1 SCC 424 delivered by Hon’ble Justice P.N. Bhagwati. Respondents contended, reliance on 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 landlord and the […]
Read more "Determination of Fair Rent / The Revival of Ray XXXIX"“Possessory claim of Hindus to composite whole of disputed property stands on a better footing” is the decisive observation. Importantly, Supreme Court has in strongest terms castigated damage caused to the mosque in 1934, its desecration in 1949 leading to the ouster of Muslims, and the eventual demolition of the mosque on December 6, 1992. This, […]
Read more "The Nature of Judicial Power: Senior Advocate, Rakesh Dwivedi"“Janmaasthan of Lord Ram is 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 path leading out is only wide enough for one.” M Siddiq v. Mahant Suresh Das, [Civil Appeal Nos. 10866-10867 of 2010], pronounced on 09.11.2019, […]
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. It was held, ‘Kuttikanam’ is neither a fee nor a tax. A tax or fee is levied in the exercise of sovereign power. ‘Kuttikanam’ means Government’s share of the value of the reserved trees. It was further held by Mathew […]
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"The Battle Royale between Mr. Jaideep Gupta and Mr. Harish Salve on “Thika Tenancy Laws” now stands concluded in Mr. Gupta’s favour. Congratulations, Sir. I saw it all. In Nemai Chandra Kumar v. Mani Square Limited, 2015 (2) SCALE 657 – Respondents, led by Mr. Salve, contended, under The Calcutta Thika Tenancy Act, 1949, by […]
Read more "Thika Tenancy II"In Calcutta and its suburb Howrah, there have existed for many years precarious tenancies popularly known as Thika Tenancies. Under such Tenancy, vacant land was leased by the Landlord to a Tenant with liberty to erect structures thereupon of a temporary nature, which were referred to as “Kutcha Structures”. The structures would be owned by […]
Read more "The Evolution of Thika Tenancy"
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