2024 SCC Vol. 1 Part 5
Insolvency and Bankruptcy Code, 2016 — Ss. 7 and 238-A — Limitation period for initiating CIRP: Documents reflecting acknowledgments of debts i.e.
Transfer of Property Act
Sale of Immovable Property and Deeming Fiction under the Registration Act — A Comparative Analysis
by Ajit Warrier*
Cite as: 2024 SCC OnLine Blog Exp 18
Decoding Mortgage Redemption in Banking
by Abhishek Saini†
Can rents receivable by debtors be assigned to the lender as an actionable claim? Supreme Court answers
After applying the rule that all the contemporaneous documents are to be read together, to discern the true purport of the contract, Supreme Court said that the parties intended assignment of the debt, i.e., the rents payable.
Whom to Pay First: A Critical Analysis of the Position of Secured Creditors in the Current Regime
by Govinda Asawa† and Pranay Agarwal††
Prof. (Dr.) Harpreet Kaur appointed as the Vice Chancellor of NLUJ
Reported by Hemang Mankar
2023 SCC Vol. 7 Part 3
Arbitration and Conciliation Act, 1996 — S. 31(7)(a) — Award of interest: Principles clarified relating to validity of award of interest, when
No eviction under Section 108 of Transfer of Property Act on unauthorized construction outside tenanted portion: Calcutta High Court
Calcutta High Court remanded the eviction case to First Appellate Court on finding that the alleged construction was outside the tenancy property.
2023 SCC Vol. 6 Part 5
Criminal Law — Criminal Trial — Circumstantial Evidence — Generally: Principles reiterated relating to essential conditions that must be fulfilled before conviction
Whether power of attorney, will, agreement to sell can be recognised as title documents conferring rights in any immovable property? Supreme Court answers
Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.
Can arrears of maintenance, being property of the wife, devolve on the husband after wife’s death? Madras High Court answers
Madras High Court said that after divorce when the spouses have ceased to be husband and wife, proprietary right of both the spouses also get affected.
Unregistered agreement to sell an admissible evidence in a suit for specific performance; Supreme Court upholds Madras High Court Judgment
Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.
Non-impleading of all legal representatives won’t abate the suit if the estate of the deceased is substantially represented by other defendants
Placing its reliance on Bhurey Khan v Yaseen Khan 1995 Supp (3) SCC 331, the Bench stated that the suit will not abate for the reason of non-substitution of all legal representatives of the deceased if the suit was substantially represented.
Unilateral action of bank withholding security documents is illegal and arbitrary: Kerala High Court
Kerala High Court held that once loan is repaid, the bank is not entitled to withhold the title deed merely on the grounds that the petitioner has transferred the property during the subsistence of mortgage.
“Claim based on oral agreement is outrightly unacceptable”; Gurgaon District Court dismisses Property Suit
While dealing with a suit for execution of sale deed of property filed in 2014, which was allegedly bought in 1992 through oral agreement, the Gurgaon District Court found the same based on forged and fabricated documents and refused to allow the claim.
Effect of estoppel cannot be warded off by persons claiming through the one whose conduct generated such estoppel: Supreme Court
In a suit property where father executed a release deed for relinquishment of rights for valuable consideration, Supreme Court held that the effect of principle of estoppel cannot be warded off by appellants claiming through their father whose conduct generated this estoppel.
First proviso to Rule 55-A of TN Registration Rules ultra vires and unconstitutional to the Registration Act, as well as the substantive provisions of TP Act: Madras High Court
Madras High Court said that Rule 55-A is delegated legislation which cannot go beyond the scope of the Parent Act viz., the Registration Act as well the Transfer of Property Act which is the substantive law governing the transfer of immovable properties. Hence, it is held that the first proviso is clearly ultra vires and unconstitutional.
Section 51 of the Transfer of Property Act applies on transferee who makes improvements in good faith on a property, believing himself to be its absolute owner: Supreme Court
Supreme Court upheld the Himachal Pradesh High Court’s order holding the respondent as the owner of the encroached land, as an encroacher cannot claim benefit of Section 51 of the Transfer of Property Act, 1882.