News Muncher - searching for court - category mesne profits

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

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

Court

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

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 …

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

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 …

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

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 …

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

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 Weekly Round Up [July 3- July 9 2022]

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 …

Delhi High Court

Courts

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 …

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 …