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Principal Commissioner Of Income Tax vs Infinity Infotech Parks Limited on 18 July, 2018

Infinity Infotech Parks Ltd (supra) holds that possession of a developer over a property does not necessarily mean that such possession has been taken in part performance of a contract under section 53A of the said Act of 1882. It was held therein that in such cases the owner should be deemed to be in de jure possession while the developer would be in de facto possession. The said judgment had been cited to counter the submission of Mr. Chidambaram that no injunction could have been granted in favour of person who was not in possession unless such person had made a prayer for recovery of possession.
Calcutta High Court Cites 9 - Cited by 1 - S Banerjee - Full Document
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