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BARE ACTS

Supreme Court (SC) Judgements on Section 52. TPA, Transfer of property pending suit relating thereto.

Bare Act Title Category / State
Section 52. TPA, Transfer of property pending suit relating thereto. Property Laws
 

List of Judgements

TRILOKI NATH SINGH vs. ANIRUDH SINGH

Judgement Date : may/2020, Citation : 2020 Latest Caselaw 365 SC

Headnote :

IMPORTANTThe prohibition under Order 23, Rule 3A regarding the challenge of a decree based on a compromise between the parties also extends to individuals who are not part of the compromise proceedings. This rule aims to prevent multiple litigations.A. According to the Civil Procedure Code, 1908, Or...

GAJARABA BHIKHUBHA VADHER vs. SUMARA UMAR AMAD

Judgement Date : january/2020, Citation : 2020 Latest Caselaw 32 SC

Headnote :

A. Under Section 100 of the Civil Procedure Code, 1908, a second appeal can be made on substantial questions of law. When such a question is formulated upon admission, it must be addressed by the High Court, which is required to provide reasoning and reach a conclusion based on that.[Para 12]B. Acco...

Shamsher Singh v. Lt. Col. Nahar Singh (D) Thr. Lrs.

Judgement Date : july/2019, Citation : 2019 Latest Caselaw 599 SC

Headnote :

A. Under the Civil Procedure Code of 1908, specifically Order 21 Rules 98, 99, and 100, regarding dispossession during the execution of a decree, an application for restoration of possession was made. The respondent asserted that his father had unlawfully entered the premises, and following his fath...

Canara Bank Vs. N.G. Subbaraya Setty & ANR. [April 20, 2018]

Judgement Date : april/2018, Citation : 2018 Latest Caselaw 308 SC

T. Ravi & Anr. Vs. B. Chinna Narasimha & Ors. etc. [March 21, 2017]

Judgement Date : march/2017, Citation : 2017 Latest Caselaw 237 SC

Prabhakara Adiga Vs. Gowri & Ors. [February 20, 2017]

Judgement Date : february/2017, Citation : 2017 Latest Caselaw 153 SC

Vaish Aggarwal Panchayat Vs. Inder Kumar and Others [August 25, 2015]

Judgement Date : august/2015, Citation : 2015 Latest Caselaw 559 SC

Kirpal Kaur Vs. Jitender Pal Singh & Ors. [July 14, 2015]

Judgement Date : july/2015, Citation : 2015 Latest Caselaw 453 SC

A. Nawab John & Ors. Vs. V.N. Subramaniyam [July 03, 2012]

Judgement Date : july/2012, Citation : 2012 Latest Caselaw 332 SC

Vinod Seth Vs. Devinder Bajaj & ANR. [2010] INSC 441 (5 July 2010)

Judgement Date : july/2010, Citation : 2010 Latest Caselaw 435 SC

Sanjay Verma Vs. Manik Roy & Ors [2006] Insc 920 (8 December 2006)

Judgement Date : december/2006, Citation : 2006 Latest Caselaw 863 SC

Savita Devi Vs. District Judge, Gorakhpur & Ors [1999] of 43 (18 February 1999)

Judgement Date : february/1999, Citation : 1999 Latest Caselaw 43 SC

S. Sivaprakasam Vs. B.V. Muniraj & Ors [1997] INSC 379 (3 April 1997)

Judgement Date : april/1997, Citation : 1997 Latest Caselaw 315 SC

Sarvinder Singh Vs. Dalip Singh & Ors [1996] INSC 885 (2 August 1996)

Judgement Date : august/1996, Citation : 1996 Latest Caselaw 594 SC

Sulochana Amma Vs. Narayanan Nair [1993] INSC 387 (24 September 1993)

Judgement Date : september/1993, Citation : 1993 Latest Caselaw 381 SC

Headnote :

The Court\'s ruling was presented by K. RAMASWAMY, J. - Permission has been granted.

Kaulashwari Devi Vs. Nawal Kishore [1993] INSC 182 (2 April 1993)

Judgement Date : april/1993, Citation : 1993 Latest Caselaw 179 SC

Headnote :

Permission granted. No representatives are present for the respondents. The counsel for the appellant has been heard.

Mahesh Chandra Vs. Regional Manager, U.P. Financial Corporation & Ors [1992] INSC 45 (12 February 1992)

Judgement Date : february/1992, Citation : 1992 Latest Caselaw 45 SC

Headnote :

The appellant owned two plots of land, one of which housed a rice mill built by a partnership where he served as the managing partner. To secure a loan, he hypothecated the mill and the plots with the U.P. Financial Corporation, which approved a loan of Rs. 4,28,000 but only disbursed Rs. 3,78,660....

Khemchand Shankar Choudhary& ANR Vs. Vishnu Hari Patil & Ors [1982] INSC 91 (3 December 1982)

Judgement Date : december/1982, Citation : 1982 Latest Caselaw 91 SC

Headnote :

In 1940, Natu filed a lawsuit against his nephew Laxman for the partition of their joint family property, seeking separate possession of his half share, and obtained a favorable decree. The total land to be divided amounted to 108 acres. On August 22, 1945, Natu and his four sons assigned a 3/18th s...

Dev Raj Dogra & Ors Vs. Gyan Chand Jain & Ors [1981] INSC 59 (10 March 1981)

Judgement Date : march/1981, Citation : 1981 Latest Caselaw 59 SC

Headnote :

Order XXI, Rules 95 and 96 of the Code of Civil Procedure allow a buyer of immovable property sold in a court auction to request delivery of possession. Rule 95 pertains to actual physical possession, while Rule 96 addresses symbolic possession. A buyer is entitled to physical possession if the prop...

Gundaji Satwaji Shinde Vs. Ramchandra Bhikaji Joshi [1978] INSC 249 (5 December 1978)

Judgement Date : december/1978, Citation : 1978 Latest Caselaw 249 SC

Headnote :

Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 prohibits the sale of agricultural land to individuals who are not agriculturists. One of the responsibilities of the Mamlatdar, as outlined in Section 70 of the Act, is to determine whether a person qualifies as an agriculturist and...

Bibi Saddiqa Fatima Vs. Saiyed Mohammad Mahmood Hasan [1978] INSC 101 (3 May 1978)

Judgement Date : may/1978, Citation : 1978 Latest Caselaw 101 SC

Headnote :

A Shia Muslim woman named Smt. Sughra Begum owned extensive zamindari and other properties. On October 6, 1928, she established a waqf for all her properties, dividing them into three qurras, with Raja Haji Saiyed Mohammad Mahmood Hasan appointed as the Mutawalli for qurra No. 1.After the passing of...

Noor Mohd. Khan Ghouse Khan Soudagar & ANR Vs. Fakirappa Bharmappa Machenahalli & Ors [1978] INSC 96 (28 April 1978)

Judgement Date : april/1978, Citation : 1978 Latest Caselaw 96 SC

Headnote :

A partition and possession lawsuit was initiated by the original respondent No. 2 against respondent No. 4 (Defendant No. I in the case), with defendants 2 to 7 being co-sharers and defendants 8 to 14 being tenants in possession.On December 13, 1954, the Trial Court issued a preliminary decree grant...

Safali Roy Choudhury & Ors Vs. Amarendra Kumar Dutta [1976] INSC 142 (6 May 1976)

Judgement Date : may/1976, Citation : 1976 Latest Caselaw 142 SC

Headnote :

The respondent was the tenant of the premises in question, while Dilip Narayan Roy Choudhury was his sub-tenant. The tenant filed a lawsuit against the sub-tenant during the enforcement of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, seeking to evict the sub-tenant on the...

Supreme General Films Exchange Ltd. Vs. His Highness Maharaja Sir Brijnath Singhji Deo of Maihar [1975] INSC 154 (4 August 1975)

Judgement Date : august/1975, Citation : 1975 Latest Caselaw 152 SC

Headnote :

The plaintiff-respondents were the mortgagees of a cinema theater, which the appellant claimed to occupy as a lessee. On May 7, 1960, a compromise decree was issued in the lawsuit initiated by the plaintiff-respondent against the mortgagor, stipulating that the amounts owed would be settled through...

Rajender Singh & Ors Vs. Santa Singh & Ors [1973] INSC 141 (16 August 1973)

Judgement Date : august/1973, Citation : 1973 Latest Caselaw 141 SC

Headnote :

The respondents initiated a lawsuit in 1940, asserting their claim to title and possession of certain lands held by the appellants, and the case concluded in favor of the appellants in 1958.In 1959, the appellants brought a suit for possession against the respondents, alleging that the respondents h...

Jayaram Mudaliar Vs. Iyyaswaar & Ors [1972] INSC 107 (12 April 1972)

Judgement Date : april/1972, Citation : 1972 Latest Caselaw 107 SC

Headnote :

The plaintiff-respondent initiated a partition suit concerning properties where the first defendant, the plaintiff\'s brother, served as the Karta. Following the suit\'s filing, the first defendant and his sons voluntarily sold some of the contested properties to the appellant through sale deed Ex....

Kedar Nath Lal & ANR Vs. Ganesh Ram & Ors [1969] INSC 220 (5 September 1969)

Judgement Date : september/1969, Citation : 1969 Latest Caselaw 220 SC

Headnote :

One R executed a mortgage on his share of two survey numbers to a Cooperative Society. In 1933, upon R\'s request and to assist him in repaying a sum of Rs. 500/-, the Society released the property; however, R failed to repay the amount. The Society filed for a mortgage award on April 5, 1934, and o...

Mangru Mahto & Ors Vs. Shri Thakur Taraknathji Tarakeshwar Math & Ors [1967] INSC 59 (8 March 1967)

Judgement Date : march/1967, Citation : 1967 Latest Caselaw 59 SC

Headnote :

The owner of certain properties, which were mortgaged by K, granted leases to various individuals. The properties were subsequently sold under the execution of K\'s mortgage decree, and K purchased them at auction. The lessees did not contest the sale or seek to be included as parties in the proceed...

Anand Nivas (Private) Ltd. Vs. Anandji Kalyanji Pedhi & Ors [1963] INSC 189 (5 September 1963)

Judgement Date : september/1963, Citation : 1963 Latest Caselaw 217 SC

Headnote :

The respondents granted a five-year lease of the ground and first floor of a building called Anand Bhawan in Ahmedabad to one Maneklal. After the lease expired, the respondents filed a lawsuit against Maneklal seeking a decree for eviction and recovery of unpaid rent, which was granted.However, afte...

Nagubai Ammal & Ors Vs. B. Shama Rao & Ors [1956] INSC 33 (26 April 1956)

Judgement Date : april/1956, Citation : 1956 Latest Caselaw 33 SC

Headnote :

The appellants, acting as defendants in a lawsuit concerning the declaration of title to specific building sites, aimed to counter the respondents\' claim. This claim stemmed from a purchase made by the respondents from a buyer involved in a sale executed under a mortgage decree from 1918. The appel...