Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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SC held that the impugned judgment is set aside and the appeal is allowed; the plaintiff's suit for possession, mesne profits, declaration and mandatory injunction is dismissed. The court ruled the Agreement to Sell, GPA, receipt and registered will did not confer proprietary title: an agreement for sale is not a deed of conveyance under Section 54 TP Act and at best entitles the transferee to seek specific performance. The registered will was not properly proved and cannot operate to vest title. The claimant cannot invoke Section 53A TP Act because there was no possession at suit filing. Rights of class-I heirs are preserved and parties may pursue statutory shares accordingly.
SC held that the impugned judgment is set aside and the appeal is allowed; the plaintiff's suit for possession, mesne profits, declaration and mandatory injunction is dismissed. The court ruled the Agreement to Sell, GPA, receipt and registered will did not confer proprietary title: an agreement for sale is not a deed of conveyance under Section 54 TP Act and at best entitles the transferee to seek specific performance. The registered will was not properly proved and cannot operate to vest title. The claimant cannot invoke Section 53A TP Act because there was no possession at suit filing. Rights of class-I heirs are preserved and parties may pursue statutory shares accordingly.
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