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 […]
The remedy to a borrower who received possession notice u/s 13(4) SARFAESI Act is to file an appeal to Debts Recovery Tribunal within 45 days
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 […]
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 […]
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 […]
Debts Recovery Tribunal has the authority to nullify any action taken wrongfully u/s 17 of the SRFAESI Act.
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.
It is for the accused to explain the bribe money in his possession, on failure of explanation, it will be presumed that he has accepted the bribe.
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 […]
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 […]
Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.
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 […]
“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 […]