Transfer of Property Act, 1882
An Act to amend the law relating to the Transfer of Property by act of Parties.
172 Supreme Court judgments considering this law. Search within these.
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Samiullah v. The State of Bihar & Ors.
Issue arose as regard the sub-rules (xvii) and (xviii) to r.19 of the Bihar Registration Rules, 2008 empowering registering authorities to refuse registration of documents, if proof of mutation of the property under sale in…
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Dharmrao Sharanappa Shabadi and Others v. Syeda Arifa Parveen
Whether the impugned judgments suffer from perversity and misreading of evidence, warranting re-appreciation of evidence under Article 136 of the Constitution of India; whether the High Court is correct in reversing the finding…
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Prem Aggarwal v. Mohan Singh & Ors.
Whether the appellant has been unnecessarily delaying and causing obstruction in the execution of the decree.
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Ramesh Chand (D) Thr. Lrs. v. Suresh Chand and Anr.
I) Whether the impugned documents, i.e., Agreement to Sell, General Power of Attorney, Receipt of Consideration and the registered Will, allegedly entered into by K, father of the appellant/ defendant no.1 and respondent…
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Dogiparthi Venkata Satish and Anr. v. Pilla Durga Prasad & Ors.
Whether Order XXX Rule 10 CPC in any manner debar a suit filed against the proprietor.
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PNB Housing Finance Limited v. Sh. Manoj Saha & Anr.
Whether the High Court erred in directing the appellant to hand back the possession of the secured asset to the 1 st respondent; whether the 1st Respondent failed to establish pre-existing tenancy in his favour.
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Vinod Infra Developers Ltd. v. Mahaveer Lunia & Ors.
Whether the High Court erred in rejecting the plaint filed by the appellant u/Or.VII, r.11, CPC, 1908.
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The State of Telangana & Ors. v. Dr. Pasupuleti Nirmala Hanumantha Rao Charitable Trust
i) Whether alienation of land by the District Collector, Medak, Government of Andhra Pradesh vide order dated 08.02.2001 was a sale or alienation/allotment; ii) whether any condition was imposed pursuant to the alienation of land…
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Sivakumar v. The Inspector of Police & Anr.
Issue arose as regards the correctness of the order passed by the High Court dismissing appellant’s petition u/s.482 CrPC seeking quashing of chargesheet against him.
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Rajeev Gupta & Ors. v. Prashant Garg & Ors.
Issue arose whether the suit was barred by limitation; whether the sale deeds were void documents; whether the Will stood admitted in the previous suits and was no longer required to be proved; whether the First Appellate Court…
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The Correspondence, Rbanms Educational Institution v. B. Gunashekar & Another
Issue arose as regards the correctness of the order passed by the High Court and the trial court rejecting the application filed by the appellant u/Ord.VII r.11(a) and (d) CPC for the rejection of plaint.
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Annaya Kocha Shetty (Dead) Through Lrs v. Laxmibai Narayan Satose Since Deceased Through Lrs & Others
Issue arose as regards the correctness of the order passed by the High Court in revision application confirming the judgment of the appellate bench whereby decree of the trial court was reversed; and whether the ‘agreement of…
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N.P. Saseendran v. N.P. Ponnamma & Ors.
The question to be decided herein is twin fold, whether the document of the year 1985 is a gift or Settlement or Will and whether the requirements under law or conditions in the deed have been satisfied to vest a legal right.
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Gangubai Raghunath Ayare v. Gangaram Sakharam Dhuri (D) Thr. Lrs and Ors.
Whether the High Court was right in holding that when the principal prayer for administration of the estate was rejected by the Trial Court, any other prayer indirectly seeking partition could not have been granted, until the…
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Ramesh Mishrimal Jain v. Avinash Vishwanath Patne & Anr.
Whether the appellant is liable to pay stamp duty and penalty on the agreement to sell dated 03.09.2003 allegedly executed between the appellant and the mother of respondent no.1 in respect of the suit property.
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Rupa and Co. Limited and Another v. Firhad Hakim and Others
Whether the High Court having, on earlier occasions, emphasized the necessity to abide by the command of its directions and also issuing notice to the Chief Secretary to comply with the order, was justified in directing the…
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The Cosmos Co. Operative Bank Ltd. v. Central Bank of India & Ors.
Whether ‘equitable mortgages’ are recognized in India under the nomenclature of ‘charge’ in terms of Section 100 of the Transfer of Property Act, 1882 (TPA); Who holds a valid mortgage over the property—the Appellant (Cosmos Co.…
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H. Anjanappa & Ors. v. A. Prabhakar & Ors.
Whether a transferee pendente lite has a right to be impleaded in the suit by seeking leave to appeal and in case he is not impleaded, whether he is bound by the decree passed in the said suit.
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Sri Mahesh v. Sangram & Ors.
Issue arose whether by virtue of operation of the provisions of ss. 14(1) and 12(c) of the Hindu Succession Act, 1956, the defendant no.1-adoptive mother would become absolute owner of the property prior to the adoption of…
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Shri Mukund Bhavan Trust and Ors. v. Shrimant Chhatrapati Udayan
Whether the High Court erred in affirming the order of the trial Court dismissing the application filed by the appellants under Order VII Rule 11(d), Code of Civil Procedure, 1908 for rejection of plaint being barred by…
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Giriyappa & Anr. v. Kamalamma & Ors.
When can the protection u/s.53A of the Transfer of Property Act 1882 be granted in a suit filed for declaration of title and recovery of possession.
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Celir LLP v. Mr. Sumati Prasad Bafna & Ors.
The present petitions sought to initiate contempt proceedings against the respondents/alleged contemnors for wilful disobedience of the final judgment and order dated 21.09.2023 passed by this Court in Civil Appeal Nos. 5542-5543…
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Birma Devi & Ors. v. Subhash & Anr.
Whether the relief of possession may be granted by the executing court in a case where the suit has been decreed for specific performance simpliciter and no express relief for the transfer of possession of the suit property has…
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Naeem Bano Alias Gaindo v. Mohammad Rahees & Anr.
Inconsistency between the U.P. State amendment and the subsequent Parliamentary amendment to Section 106, Transfer of Property Act, 1882. Whether in view of the Parliament amending a provision subsequent to a State legislature’s…
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Ramakant Ambalal Choksi v. Harish Ambalal Choksi & Others
Whether the High Court was justified in allowing the appeal filed by the defendants-respondents holding that no case for grant of interim injunction was made out and thus, vacating the order granting injunction in favour of the…
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(Reliance Communications v. Commissioner of Service
Whether the mobile service providers who pay excise duties on various items for setting up their business more particularly for erection of mobile towers and peripherals like pre-fabricated buildings etc. can take the benefit of…
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Leela Agrawal v. Sarkar & Anr.
Whether the mortgage deed dated 17.10.1990 constitutes a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882 and whether the plaintiff is entitled to redeem the mortgage.
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Ramachandra Reddy (Dead) Thr. Lrs. & Ors. v. Ramulu Ammal (Dead) Thr. Lrs.
Whether the deed executed, which gave rise to the present property dispute, was a gift deed or a deed of settlement; Whether the High Court was justified in reversing the concurrent findings of fact while exercising jurisdiction…
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M/s Siddamsetty Infra Projects Pvt. Ltd. v. Katta Sujatha Reddy & Ors.
Issue arose, whether the judgment of this Court suffers from an error apparent on the face of the record which warrants the exercise of the review jurisdiction; whether the suit instituted by the petitioner was barred by…
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N. Thajudeen v. Tamil Nadu Khadi and Village Industries Board
Issue arose whether the registered gift deed was duly acted upon and accepted and is a valid document which continue to exist despite its revocation as the donor had not reserved the right to revoke the same.
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Shingara Singh v. Daljit Singh & Anr.
Whether the High Court, under the impugned judgment, was justified in holding that the sale deed executed by defendant no. 1 in favour of defendant no.2/appellant was hit by doctrine of lis pendens and that defendant…
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Neelam Gupta & Ors. v. Rajendra Kumar Gupta & Anr.
Issue arose as to whether the impugned judgment is to be sustained in view of the indisputable or undisputed facts; whether the suit schedule property is the Joint Hindu Family property; whether the finding of the High Court that…
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Shyamsundar Radheshyam Agrawal & Anr. v. Pushpabai Nilkanth Patil & Ors.
Whether the appellants are liable to pay stamp duty and penalty on the agreements to sell executed prior to the sale deed executed in their favour.
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Meera Devi (D) Thr. Lr. v. Dinesh Chandra Joshi (D) Thr. Lrs.
When the case falls in the category where the respondent-tenant has failed to comply with the order passed by the Supreme Court directing payment of rent.
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A.B. Govardhan v. P. Ragothaman
Whether the respondent-defendant by way of the agreement agreed to create equitable mortgage by depositing the title deeds for the loan obtained by him from the appellant-plaintiff; whether there was redemption of the mortgage;…
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Industries Ltd. v. Union of India [2000] Supp. 4 SCR 44 : (2001) 1
The questions which arose for determination are as to what is the true nature of royalty determined u/s.9 r/w s.15(1) of the Mines and Minerals (Development and Regulation) Act, 1957; whether royalty is in the nature of tax; what…
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M/S Rewa Tollway P. Ltd. v. The State of Madhya Pradesh & Ors.
In view of the subsequent change of policy by the state legislature in light of larger public interest, the appellants were required to pay stamp duty on the Concession Agreement executed under the Build, Operate & Transfer (BOT)…
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Kaushik Premkumar Mishra & Anr. v. Kanji Ravaria @ Kanji & Anr.
Whether the sale deed dated 02.12.1985 was executed by Respondent No. 2; whether the sale consideration was paid with respect to sale deed dated 02.12.1985; whether the sale deed dated 02.12.1985 was presented for registration on…
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Amro Devi & Ors. v. Julfi Ram (Deceased) Thr. Lrs. & Ors.
Respondents had filed a suit for declaration and permanent injunction against Appellants, claiming to be owners in possession of suit land on the basis of an alleged compromise entered into by them in an earlier litigation with…
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Duni Chand v. Vikram Singh and Others
Whether the High Court erred in extending the benefit of Section 41 of the Transfer of Property Act, 1882, to the defendants despite the lack of specific pleadings, and no evidence to show consent of interested persons.