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Search Results for Tag : Possession

International Cases

Seriousness of offence must be determined by taking into account statutory penalty for offence, circumstances of commission of the offence, any aggravating factors and mitigating factors(01.07.2019)

In present case, the Appellant attempted to possess a prohibited drug, namely cocaine, with intent to sell or supply it to another. On 17 December 201.....

Tags : Possession, Prohibited drug, Sentence, Legality



Top Story

Possession of old 500 & 1000 rupee notes set to become illegal(29.12.2016)

The Central Government Cabinet had approved an ordinance in respect of possession of old notes as a penal offence. The Cabinet has approved promulgati.....

Tags : Notes, Possession, Legality



Possession of old 500 & 1000 rupee notes set to become illegal(29.12.2016)

The Central Government Cabinet had approved an ordinance in respect of possession of old notes as a penal offence. The Cabinet has approved promulgati.....

Tags : Notes, Possession, Legality



Blast from the Past

Wide berth for government to secure extradition(10.01.1969)

Enactment of the Extradition Act 1962 does not prohibit the Indian government from securing extradition of an offender through diplomatic channels.

Tags : extradition, notified country, british possession, diplomatic channels



News

Casual Act of Possession Over Property Doesn't Confer Possessory Title: SC(30.01.2019)

Supreme Court has observed that a casual act of possession does not have the effect of interrupting the possession of the rightful owner.

Tags : Supreme Court, Casual Act of Possession



SC: Mere Offer of Refund Does Not Disentitle Flat Buyers from Claiming Compensation(22.12.2020)

Supreme Court has observed that the flat purchasers are not disentitled from claiming compensation merely because the developer offered an exit option.....

Tags : Supreme Court, Compensation for Delayed Possession



Bombay HC: Possession of Skin of Dead Cows or Bullocks Not an Offence(22.12.2020)

Bombay High Court has ruled that there is no prohibition for the possession of skin of dead animals and in absence of such prohibition; no offence wou.....

Tags : Bombay High Court, Possession of Skin of Dead Cows or Bullocks



Delhi HC: Unconscious Possession of Firearms Not to Attract Arms Act, 1959(05.01.2021)

Delhi High Court has reiterated that "unconscious possession" of firearms would not attract the rigours of the Arms Act, 1959 while hearing a criminal.....

Tags : Delhi High Court, Unconscious Possession of Firearms



PROPERTY - Buyer can't be Required to Wait Indefinitely for Possession: SC(29.03.2019)

Supreme Court has said that a buyer cannot be required to wait indefinitely for possession and also affirmed Consumer Commission order directing the d.....

Tags : Supreme Court, Possession of property



Adverse Possession Plea can be Sustained Only When Possession is in Denial of True Owners' Title: SC(29.04.2019)

Supreme Court has observed that mere continuous possession howsoever long it may have been qua its true owner is not enough to sustain the plea of adv.....

Tags : Supreme Court, Adverse Possession



All HC: Gov Can’t Take Possession of Land of Citizens Without Acquisition or Giving Any Compensation(17.05.2019)

Allahabad High Court has reprimanded the State Government for the "unsound" practice of taking possession of private land without an acquisition or gi.....

Tags : All HC, Possession



Supreme Court: House Delayed, Buyer Cannot be Compelled to Take Possession(05.08.2019)

Supreme Court has observed that a builder cannot “impose” upon a buyer to take possession of a ready house if it is delayed, and the customer is justi.....

Tags : Supreme Court, Possession



Gujarat HC Questions Gujarat State Government for Detaining People for Possession of Remdesivir(28.07.2021)

Gujarat High Court has questioned the Gujarat State Government for detaining people under Prevention of Anti-Social Activities, 1985 (PASA) for posses.....

Tags : Gujarat High Court, Detaining People for Possession of Remdesivir



P&H HC Denies Bail to Accused Found in Possession of Contraband Intoxicant Tablets(02.07.2021)

Punjab and Haryana High Court has observed that showing sympathy towards alleged drug peddlers at the time of granting bail often proves counterproduc.....

Tags : Punjab and Haryana High Court, Accused Found in Possession of Contraband Intoxicant Tablets



MP HC: Possession of Medicine Containing Narcotic Substances Without Valid Documents is Offence(09.08.2021)

Madhya Pradesh High Court has held that possession of cough syrup or medicine containing narcotic substances without valid documents will attract the .....

Tags : Madhya Pradesh High Court, Possession of Medicine Containing Narcotic Substances



Bombay HC Extends Protective Orders Against Evictions and Dispossessions Till August 30(11.08.2021)

Bombay High Court has refused to continue its unconditional extension of all interim orders in Maharashtra beyond 30th August, 2021, given the improvi.....

Tags : Bombay High Court, Protective Orders Against Evictions and Dispossessions



Supreme Court Clarifies Plaintiff can Claim Title to Property Based on Adverse Possession(27.09.2019)

Supreme Court has clarified that a Plaintiff can claim title to the property based on adverse possession. The Court further observed that the plea of .....

Tags : Supreme Court, Adverse Possession



P&H HC: Possession of Contraband Need Not Necessarily Attract NDPS Provisions(07.09.2021)

Punjab and Haryana High Court has reiterated that possession of contraband by a person is not necessary to attract the rigors of the Narcotic Drugs an.....

Tags : Punjab and Haryana High Court, Possession of Contraband



SC: Bail Cannot be Granted Merely on Finding of Absence of Possession of Contraband(23.09.2021)

Supreme Court has observed that bail cannot be granted to an accused under Narcotic Drugs and Psychotropic Substances Act, 1985 merely on a finding of.....

Tags : Supreme Court, Absence of Possession of Contraband



Delhi HC: Where No Conscious and Knowledgeable Possession of Firearm, Case Cannot Proceed(30.01.2020)

Delhi High Court has held that if there is nothing in the First Information Report which indicates a conscious and knowledgeable possession of a firea.....

Tags : Delhi High Court, Possession of Firearms



Supreme Court: Long Continuous Possession by Itself Cannot be Termed as Adverse Possession(16.01.2020)

Supreme Court has reiterated that long and continuous possession by itself cannot be termed as adverse possession to perfect title within the meaning .....

Tags : Supreme Court, Adverse Possession



Supreme Court Rejects Himachal Pradesh Government’s “Adverse Possession” of Woman’s Land(09.01.2020)

Supreme Court has directed Himachal Pradesh Government to pay compensation along with Rs. 10 Lakhs Litigation Costs to an 80- year old woman whose lan.....

Tags : Supreme Court, Adverse Possession



SC: Tenants Ought to be in Actual Possession of Premises to Avail Benefit of Tenants Protection Act(15.11.2021)

Supreme Court has reiterated that the tenants ought to be in actual possession of the premises to avail the benefit of Section 9 of the Tamil Nadu Cit.....

Tags : Supreme Court, Tenants Ought to be in Actual Possession of Premises



AP HC: When Person is in Settled Possession and Enjoyment of Property, He Cannot be Dispossessed(13.01.2022)

Andhra Pradesh High Court has reiterated that when a person is in settled possession and enjoyment of a property, he cannot be dispossessed, except by.....

Tags : Andhra Pradesh High Court, Dispossession from Property



Delhi HC Dismisses Plea by Sultana Begum Seeking Possession of Red Fort(21.12.2021)

Delhi High Court has dismissed a plea filed by one Sultana Begum, seeking possession of Red Fort, claiming herself to be the widow of the great grands.....

Tags : Delhi High Court, Possession of Red Fort



Delhi HC: No Requirement for CMM to Fix Time Limit for Taking Possession of Secured Asset(17.12.2021)

Delhi High Court has held that there is no requirement or justification for a Chief Metropolitan Magistrate to fix a time limit for taking possession .....

Tags : Delhi High Court, Fix Time Limit for Taking Possession of Secured Asset



Rajasthan HC Directs State to Decide on Plea Seeking Grant of Possession of Land by War Widow(21.01.2022)

Rajasthan High Court has directed the state government to decide on a war widow's plea seeking grant of possession and document of title of the land a.....

Tags : Rajasthan High Court, Grant of Possession of Land by War Widow



Kerala HC: Claiming Adverse Possession After Encroachment Into Public Road Not Admissible(28.02.2022)

Kerala High Court has ruled that a petitioner claiming the right of adverse possession after encroaching into a public road cannot be treated as a usu.....

Tags : Kerala High Court, Adverse Possession Into Public Road



SC Directs Contemnors Who Re-possessed Property By Breaking Open Lock to be Kept in Civil Prison(11.03.2022)

Supreme Court has directed for keeping the contemnors who irrespective of Court's order re-possessed the property by breaking open the locks in civil .....

Tags : Supreme Court, Re-possession of Property



ITAT, Mumbai: Claim Of Deduction to be Reckoned From Date of Possession of New Property(11.03.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that an assessee's claim of deduction under Section 54 of the Income Tax Act, 1961 was to be reckoned .....

Tags : Income Tax Appellate Tribunal, Possession of New Property



Kerala HC: Details of Funds in Possession Not Necessary in Plaint for Specific Performance(26.04.2022)

Kerala High Court has ruled that even if the plaintiff has not provided details of funds in her possession in a suit for specific performance or the w.....

Tags : Kerala High Court, specific performance, possession



Bombay HC: Flat Occupier Entitled to Transit Rent for Period of Dispossession During Redevelopment(11.04.2022)

Bombay High Court has held that the person in possession of a tenement being re-developed will be entitled to transit rent in the absence of a court o.....

Tags : Bombay High Court, tenement, possession, transit



Orissa HC: Unlawful Possession Can't be Defended on Ground that Clause is Prospective in Nature(26.05.2022)

Orissa High Court has stated that an unlawful possession of a property, which does not bestow any right, cannot be defended only on the ground that th.....

Tags : Orissa High Court, Possession, Eviction



SC: Pleas of Title and Adverse Possession Cannot be Advanced Simultaneously(27.08.2020)

Supreme Court has observed that plea of title and adverse possession cannot be advanced simultaneously and from the same date.

Tags : Supreme Court, Pleas of Title and Adverse Possession



SC: Presumption 'Possession Follows Title' Arises Only Where No Definite Proof of Possession(28.08.2020)

Supreme Court has observed that the presumption based on the maxim 'possession follows title' that possession must be deemed to follow title, arises o.....

Tags : Supreme Court, Presumption 'Possession Follows Title'



P&H HC: Unregistered Agreement to Sell Can't be Accepted for Establishing Possession of Property(08.06.2022)

Punjab and Haryana High Court has held that an unregistered agreement to sell cannot be accepted by the Court for granting possession in favour of the.....

Tags : Punjab and Haryana High Court, Possession, Unregistered Agreement



Allahabad HC: Proceedings U/S 145 CrPC Has to be Discontinued if Suit for Possession is Pending(04.05.2022)

Allahabad High Court has observed that where a civil suit for possession or declaration of the title with regard to the same property is pending, the .....

Tags : Allahabad High Court, Section 145, Code of Criminal Procedure, 1973, Possession



Worshipper can't Maintain Suit for Recovery of Possession of Temple Property: Kerala HC(07.01.2019)

Kerala High Court has allowed a second appeal on principle that a worshipper cannot maintain a suit for recover of possession of property dedicated to.....

Tags : Kerala High Court, Recovery of Possession of Temple Property



SC: Time Limit Stipulation Mandating DM to Deliver Possession of Secured Asset Only Directory(06.11.2020)

Supreme Court has held that time limit stipulation in Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur.....

Tags : Supreme Court, Delivery of Possession of Secured Asset



Kar. HC: Criminal Trespass Complaint Can't be Made if Property is Not in Possession of Complainant(13.07.2022)

Karnataka High Court has held that a complaint of criminal trespass cannot be made if the property on which the accused is alleged to have trespassed .....

Tags : Karnataka High Court, Criminal Trespass, Possession



Orissa HC: Possession Not Proved Merely by Sitting in Vehicle from Which Contraband is Seized(13.07.2022)

Orissa High Court has held that a person merely sitting in a vehicle from which contrabands were seized does not necessarily point to the fact that th.....

Tags : Orissa High Court, Possession, Contrabands



Bombay HC Extends All Interim Orders Relating to Eviction, Demolition & Dispossession(30.10.2020)

Bombay High Court has directed extension of all interim orders relating to eviction, demolition and dispossession by the High Court as well as subordi.....

Tags : Bombay High Court, Extension of Interim Orders on Eviction, Demolition & Dispossession



Delhi HC Quashes FIR Against US Citizen Carrying Cartridge at IGI Airport(01.08.2022)

Delhi High Court while quashing FIR registered against US citizen found in possession of live ammunition at Delhi Airport, has held that conscious pos.....

Tags : Delhi High Court, Arms Act, Conscious Possession



Judgments

Public property cannot be disposed of in favour of any one without adequate consideration(01.08.2016)

Instant public interest litigation filed raising a significant issue pertaining to government bungalows occupied by former Chief Ministers of the Stat.....

Tags : Government bungalows, Possession



Effect of Enactment can be determined by Competent Court only when approached by owner in accordance with law(03.01.2017)

Prayer in present writ petition is for an order restraining Respondent No. 1 from making any encroachment on Petitioner’s colony and from dispossessin.....

Tags : Encroachment, Dispossession, Validity



Article 134 of Limitation Act, 1963 applicable “when sale becomes absolute” and not when sale was confirmed(11.01.2017)

Instant appeal arises out of order passed by High Court of Kerala allowing revision and thereby dismissing application filed by Appellant under Order .....

Tags : Sale, Possession, Delivery, Limitation



Person holding premises gratuitously or as caretaker or servant would not acquire any interest in property even by long possession(06.01.2017)

Instant appeal challenges judgment passed by High Court of Bombay setting aside Order passed by Bombay City Civil Court. Said Notice of Motion was dis.....

Tags : Property, Possession, Caretaker, Interest



Making of construction by spending of moneys would not make Appellant anything more than a licensee(01.05.2017)

Present Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed by Defendant in suit impugning concurrent judgments of.....

Tags : Property, Possession, Will



Unless possession of a party is adverse to rights of real owners, plea of adverse possession should not be accepted(18.12.2017)

Appeal arises against the judgment and decree passed in Additional District Court. The Plaintiffs filed the suit for declaration, for recovery of poss.....

Tags : Title, Adverse possession, Rights



Once opposite parties were put in possession, then same will remain in possession over the land regarding which, decree has been executed(10.05.2018)

In facts of present case, an objection under Section 9 of the U.P. Consolidation of Holdings Act, 1953, was filed by the opposite parties, claiming ex.....

Tags : Land, Possession, Decree



Without making a prayer for permanent injunction in plaint, no temporary injunction can be granted(05.06.2018)

By filing Review Petition, the Petitioners have prayed for review of the said order dated 15th September, 2017. In the review application, the Petitio.....

Tags : Possession, Injunction, Grant



Executing court cannot go beyond the decree.(12.12.2018)

In instant matter, the Complainant purchased a shop. The said building including the said shop of the Complainant was re-developed by the Housing Soci.....

Tags : Shop, Possession, Direction



Unlawful possession of public property without having paid for same tantamounts to unjust enrichment(23.10.2018)

Present appeal is directed against order passed by the High Court wherein without issuance of notice to the Ghaziabad Development Authority ("GDA") an.....

Tags : Unlawful possession, Eviction, Grant



A person cannot be punished twice for the same offence(24.10.2018)

The instant criminal appeal under Section 374 (2) of Code of Criminal Procedure, 1973 (CrPC) has been preferred by the Appellants, challenging the jud.....

Tags : Counterfeit currency, Possession, Conviction, Legality



A person approaching Court for redressal of grievance must place all relevant facts before Court clearly without any reservation even if those facts were against him(29.03.2019)

In Complaint case, it was stated that, Appellant/Complainant booked two units in Block-C in Commercial Complex project named "Conscient One" which was.....

Tags : Execution, Agreement, Possession, delivery



If the delay in possession is due to Force Majeure, it cannot be claimed that the Corporate Debtor defaulted in delivering the possession.(22.01.2020)

The Respondents, in the present case, had booked an apartment in a residential project. The Corporate debtor had issued a joint allotment letter and e.....

Tags : Corporate Debtor, Possession



Recovery of interest on delayed period even though claimed after taking possession is maintainable(14.03.2019)

In facts of present case, Appellant-allottee has challenged the final order passed by Learned Member and Adjudicating Officer of MahaRERA Authority in.....

Tags : Delayed possession, Interest, Entitlement



Authority has complete jurisdiction to decide complaint in regard to non-compliance of obligations by the promoter(05.02.2019)

A complaint was filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016 read with rule 28 of the Haryana Real Estate (Regulat.....

Tags : Delayed possession, Refund, Entitlement



Promoter is liable to pay interest to the complainant on failure to fulfil his obligation(28.02.2019)

A complaint was filed under section 31 of the Real Estate (Regulation and Development) Act, 2016 read with rule 28 of the Haryana Real Estate (Regulat.....

Tags : Delayed possession, Interest, Legality



In exercise of jurisdiction vested in present Court under Article 227 of the Constitution, Court is not to reappraise facts(27.07.2021)

Present petition has been filed by the Plaintiff before the learned Trial Court under Article 227 of the Constitution of India, 1950 praying that the .....

Tags : Possession, Injunction, Entitlement



Civil court cannot declare orders passed by the authorities under the ULC Act as illegal or non-est(22.11.2021)

In present matter, the trial Court by the judgment and decree decreed the suit on the ground that, possession has not been taken, before the Urban Lan.....

Tags : Possession, Suit, Jurisdiction



Mere raising of certain claim in the suit and fact that issues require determination before trial court does not give a blanket right to the Plaintiff to claim the interim relief in the suit(27.12.2021)

The Appellant through the medium of the present appeal seeks setting aside of order passed by the learned Court of Principal District Judge, whereby t.....

Tags : Legal possession, Interim relief, Entitlement



District Magistrate or Chief Metropolitan Magistrate can appoint an advocate and authorise him/her to take possession of the secured assets under Section 14(1A) SARFAESI Act(25.02.2022)

The seminal question involved in present cases is whether it is open to the District Magistrate or the Chief Metropolitan to appoint an advocate and a.....

Tags : Possession, Secured assets, Authorization



Courts should render all aid to the aggrieved party to enable him to derive the full benefits of the order(28.07.2015)

The High Court held that the jurisdiction of the Civil Court did not need to be invoked in order to enforce its order. In a matter where Deccan Chroni.....

Tags : sarfaesi, police, enforce, order, possession



Parties to the suit cannot travel beyond the pleadings; Court cannot record any finding on issues which are not part of pleadings(20.11.2017)

The Appellant is the Plaintiff whereas the Respondent is the Defendant in the civil suit out of which this appeal arises. The dispute involved in the .....

Tags : Possession, Shop, Encroachment



Complaint cannot barred by limitation, where there is case of continuing cause of action(10.01.2018)

Instant first appeal has been filed under Section 19, read with Section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order, pas.....

Tags : Complaint, Maintainability, Possession



No party has any vested right in the forum(05.02.2018)

Present revision application challenges the judgment made by the District Judge, (Appeal Court) allowing Civil Appeal instituted by Respondent Nos. 1A.....

Tags : Possession, Restoration, Bonafide need



A party claiming adverse possession must prove that, his possession is peaceful, open and continuous(01.02.2018)

In instant case, Defendant No. 2 is the Appellant against a confirming judgment. Plaintiff-respondent No. 3 instituted the suit for declaration of tit.....

Tags : Adverse Possession, Title, Right



How long can builders keep paying compensation(11.05.2016)

The National Consumer Disputes Redressal Commission passed yet another order against a property developer for its prolonged failure to deliver possess.....

Tags : property developer, possession, delay, compensation



Whenever money has been received by a party and when its refund is ordered, right to get interest follows, as a matter of course(25.04.2018)

In facts of present case, the complainant purchased plot in Central Greens, Sector 105 and the total sale price of the plot, in question, was fixed at.....

Tags : Plot, Possession, Deficiency, Compensation



When a public functionary is required to perform a public function within a time frame, the same will be held to be directory unless specified(05.11.2020)

The challenge in the present appeal is to an order passed by the High Court, whereby it was held that Section 14 of the Securitisation and Reconstruct.....

Tags : Secured Assets, Possession, Time limit



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