Baini Prasad (D) Thr. LRs. vs. Durga Devi [Civil Appeal No. 6182-6183 of 2009] Court should not ordinarily award damages instead of a mandatory injunction where a trespasser constructs a building RELEVANT PARAGRAPH 20. The entire circumstances revealed from the evidence on record unerringly point to the fact that the appellant had encroached upon land […]
Baini Prasad (D) Thr. LRs. vs. Durga Devi [Civil Appeal No. 6182-6183 of 2009] Essentials for attraction of section 51 of the Transfer of Property Act RELEVANT PARAGRAPH 21. ………..As held by the learned Single Judge we are of the considered view that in a case where the owner of the land filed suit for recovery
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Baini Prasad (D) Thr. LRs. vs. Durga Devi [Civil Appeal No. 6182-6183 of 2009] The doctrine of laches or acquiescence has no place to defeat the right of the plaintiff when the suit is filed within the limitation period RELEVANT PARAGRAPH 21. As held by the learned Single Judge we are of the considered view
The Chief Engineer, Water Resources Department & Ors. vs. Rattan India Power Limited through its Director & Ors. [Civil Appeal No. 8550 of 2022] A party to a contract is not entitled to question the amount of consideration after signing the contract RELEVANT PARAGRAPH 1. The short question which arises for our consideration in the
The State of Haryana & Ors. vs. Sushila & Ors. [Civil Appeal No. 9205 of 2022] Subsequent purchasers have no locus to challenge the acquisition and / or lapsing of the acquisition RELEVANT PARAGRAPH 4. Even otherwise as observed and held by this Court in the case of Delhi Administration Through Secretary, Land and Building vs. Pawan Kumar & Ors., Civil Appeal
Resident’s Welfare Association and Another vs. The Union Territory of Chandigarh and Others [SLP(C) No. 4950 of 2022) Supreme Court stops “fragmentation” of residential units in Chandigarh RELEVANT PARAGRAPH 153. Taking overall view of the matter, we are of the considered view that permitting redensification in PhaseI, which has heritage value, on account of being “Corbusian Chandigarh”, without the
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M/s Oswal Plastic Industries vs. Manager, Legal Deptt N.A.I.C.O. Ltd. [Civil Appeal No. 83 of 2023] Insurance coverage provisions if ambiguous, the same should be resolved in favour of the insured RELEVANT PARAGRAPH 3.4 It is submitted that as observed and held by this Court in the case of Canara Bank vs. United India Insurance
Sabarmati Gas Limited vs. Shah Alloys Limited [Civil Appeal No. 1669 of 2020] Delay in initiation of IBC proceedings happened for suspension of right under Section 22(1), SICA condoned RELEVANT PARAGRAPH 25. As relates Section 5 of the Limitation Act showing ‘sufficient cause’ is the only criterion for condoning delay. ‘Sufficient Cause’ is the cause
Business liability is to be determined on the basis of the date of accrual and discharge of liability Wave Industries Pvt. Ltd. vs. State of U.P. & Ors. [C.A. No. 9272-9272 of 2022] RELEVANT PARAGRAPH 15. There is no dispute that the liability towards the duty in question for the Amroha unit are in respect
When a senior citizen part with property by a gift or otherwise in favour of near and dear ones, a condition of looking after the senior citizen is not necessarily attached to it Sudesh Chhikara v. Ramti Devi & Anr. [Civil Appeal No. 174 of 2021] RELEVANT PARAGRAPH 12. Sub-section (1) of Section 23 covers
