2024 liable pay respondent service expiry presumed server 1949 granting fact act dispossessed supreme appellate unauthorized unauthorised profits hindu purchaser erstwhile increase ov cpc judgments hc sale leased code sc

Articles for Mesne Profits

Supreme Court Annual Digest 2024- Code Of Civil Procedure (CPC)
3 days ago

Supreme Court Annual Digest 2024- Code Of Civil Procedure (CPC)

Live Law  

SUPREME COURT ANNUAL DIGEST 2024 - CODE OF CIVIL PROCEDURE, 1908 Section 9 and Order 7 Rule 1 - Jurisdictional Fact and Maintainability of Suit - The issue of maintainability of a suit pertains to the jurisdiction of the trial court and strikes at the root of the proceedings under Order VII Rule 1, CPC. Shri Mukund Bhavan Trust v. …

Supreme Court High Court Trial Procedure Court Specific Performance Civil Procedure
Second Suit Seeking Damages For Illegal Occupation Maintainable After Filing Suit For Possession : Supreme Court
1 year, 1 month ago

Second Suit Seeking Damages For Illegal Occupation Maintainable After Filing Suit For Possession : Supreme Court

Live Law  

The Supreme Court has held that a suit for possession and suit for claiming damages for use and occupation of the property are two different causes of action. Hence, second suit filed claiming damages for use and occupation of the premises was maintainable after a suit for possession.A bench comprising Justices Vikram Nath and Rajesh Bindal was considering an appeal …

Supreme Court Court Second Suit Filed Possession Occupation
Though Agreement To Sell Doesn't Confer Title, Possessory Right Of Prospective Purchaser Protected Under Sec 53A TP Act : Supreme Court
1 year, 7 months ago

Though Agreement To Sell Doesn't Confer Title, Possessory Right Of Prospective Purchaser Protected Under Sec 53A TP Act : Supreme Court

Live Law  

The Supreme Court has held that even though an Agreement to Sell does not transfer proprietary rights in an immovable property, however, when the prospective purchaser performs his part of the contract and receives possession of the property, then he/she is said to have acquired possessory title and the same is protectable under Section 53A of the Transfer of Property …

Supreme Court Property Sale Title Transfer Right Agreement
Method To Determine Compensation For Use & Occupation Of Tenancy Premises By A Tenant Who Suffered Eviction Decree : Supreme Court Explains
2 years, 1 month ago

Method To Determine Compensation For Use & Occupation Of Tenancy Premises By A Tenant Who Suffered Eviction Decree : Supreme Court Explains

Live Law  

The Supreme Court, in a judgment delivered on Wednesday, explained the method to determine the compensation for use and occupation of the tenancy premises by a tenant who suffered an eviction decree.From the date of the decree of eviction, the tenant is liable to pay mesne profits or compensation for use and occupation of the premises at the same rate …

Supreme Court High Court Compensation Court Tenancy Landlord Tenant
'Tenant At Sufferance' Who Is Continuing In Possession After Expiry Of Lease Is Liable To Pay Mesne Profits: Supreme Court
2 years, 4 months ago

'Tenant At Sufferance' Who Is Continuing In Possession After Expiry Of Lease Is Liable To Pay Mesne Profits: Supreme Court

Live Law  

The Supreme Court observed that a tenant continuing in possession after the expiry of the lease is liable to pay mesne profits. "While a tenant at sufferance cannot be forcibly dispossessed, that does not detract from the possession of the erstwhile tenant turning unlawful on the expiry of the lease. While a tenant at sufferance cannot be forcibly dispossessed, that …

Supreme Court Tenant Lease Pay Expiry Possession Profits
Supreme Court Weekly Round Up [July 3- July 9 2022]
2 years, 5 months ago

Supreme Court Weekly Round Up [July 3- July 9 2022]

Live Law  

Supreme Court Judgements 1. Trial/Appellate Court Has Full Discretion To Order Sentences To Run Concurrently: Supreme Court Case Name: Malkeet Singh Gill vs State of Chhattisgarh | CrA 915 OF 2022 Citation: 2022 LiveLaw 563 The Supreme Court observed that Trial court and Appellate Court has full discretion to order sentences for two or more offences at one trial to …

Supreme Court Maharashtra Order Shiv Sena Hate Fir Cpc
Scope Of Enquiry And Judicial Notice While Granting Mesne Profits And Damages For Unauthorized Occupation Of The Leased Premises
4 years, 2 months ago

Scope Of Enquiry And Judicial Notice While Granting Mesne Profits And Damages For Unauthorized Occupation Of The Leased Premises

Live Law  

A person doing something with full knowledge of its adverse consequences must face the consequences. These aforesaid provisions read as under:- "Section 2 "mesne profits" of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits …

Delhi Evidence Court Landlord Delhi High Court Courts Judicial
Mesne Profits -As Claimed Under East Punjab Rent Restriction Act 1949
4 years, 6 months ago

Mesne Profits -As Claimed Under East Punjab Rent Restriction Act 1949

Live Law  

The meaning of the word "mesne profits" as defined in the Webster Dictionary is - profits earned by one in wrongful possession of property. Ltd 2005 RCR 1 Whereby it was held that by the Hon'ble court: " while passing an order of stay under Rule 5 of Order 41 of the Code of Civil Procedure, 1908, the appellate Court …

Appeal Court Civil Procedure Order Tribunal East Cpc
Uncontroverted Testimony Of Landlord Is Sufficient Evidence To Determine Mesne Profits: Delhi HC [Read Judgment]
5 years, 5 months ago

Uncontroverted Testimony Of Landlord Is Sufficient Evidence To Determine Mesne Profits: Delhi HC [Read Judgment]

Live Law  

Dismissing the appeal of Hindustan Petroleum Corporation Ltd., the Delhi High Court held that an unrebutted oral evidence of a landlord in support of his claim for mesne profits at a certain rate was sufficient evidence in terms of Order XX Rule 12 of CPC. Three broad contentions of the Appellant were: The Respondent did not lead any evidence in …

Delhi Court Respondent Cpc Rate Profits Appellant