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SUPREME COURT OF INDIA DIVISION BENCH ( Before : S. B. Sinha, J; P. K. Balasubramanyan, J ) ANIL RISHI — Appellant Vs. GURBAKSH SINGH — Respondent Civil Appeal No. 2413 of 2006 Arising out of SLP (Civil) No. 5963…
Recovery possession Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act 1944 LAW EDITION: 2020 Sec 13- When landlord may recover possession (1) Notwithstanding anything contained in this Act but subject to the provisions of sections 15 and 15A,…
DELHI HIGH COURT SINGLE BENCH ( Before : Dr. S. Muralidhar, J ) SOMNATH MANOCHA — Appellant Vs. PUNJAB AND SIND BANK AND OTHERS — Respondent Writ Petition (C) 7228 of 2005 Decided on : 17-10-2011 Constitution of India, 1950…
Law Library West Bengal Premises Tenancy Act-1997 6. Protection of tenant against eviction – (1) Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no order or decree for…
Union of India and others Vs. Vasavi Co-op. Housing Society Ltd-2014-POSSESSION AND TITLE- A family settlement is based generally on the assumption that there was an antecedent title of some kind in the purchase and the arrangement acknowledges and defines what that title was. In a family settlement-cum-partition, the parties may define the shares in the joint property and may either choose to divide the property by metes and bounds or may continue to live together and enjoy the property as common.
Possession is to be protected because a man by taking possession of an object has brought it within the sphere of his will. He has extended his personality into or over that object. As Hegel would have said, possession is the objective realization of free will. And by Kant’s postulate, the will of any individual thus manifested is entitled to absolute respect from every other individual, and can only be overcome or set aside by the universal will, that is, by the state, acting through its organs, the courts.
In M. C. Chockalingam & Ors v. V. Manickavasagam 1974 (1) SCC 48, where it was held inter alia, that: “Lawful possession cannot be established without the concomitant existence of a lawful relationship between the landlord and the tenant. This…
The Debts Recovery Tribunal has an authority even to invalidate or nullify any action already taken if it is established that any error or wrongful use of the powers has been established before it, invoking u/s 17 of the SRFAESI Act.
SUPREME COURT OF INDIA State of Gujarat Vs. Navinbhai Chandrakant Joshi Etc. [ ALL SC 2018 JULY] [Criminal Appeal Nos.895-896 of 2018 arising out of SLP (CRL.) Nos.8259-60 of 2016] The burden of proof placed upon the accused person against…
Bengal Public Demand Recovery Act 1913 34. Suit in Civil Court to have certificate cancelled or modified.—The Certificate-debtor may, at any time within six months— (1) from the service upon him of the notice required by section 7, or (2)…
In India Article 65 of Limitation Act prescribed limitation to recover possession from the person in wrongful possession is 12 years from the date when the person in possession set up hostile title or adverse title, continuing in possession. Article…
“De Jure Belli ac Pacis,” Hugo Grotius CHAPTER IV. Title to Desert Land by Occupancy, Possession, and Prescription. I. A great difficulty arises here respecting the right to property by uninterrupted possession for any certain time. For though time is…
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