Search Results Page

Search Results

1 - 2 of 2 (0.23 seconds)
Apeejay House Pvt. Ltd vs Coal India Ltd on 6 October, 2023 cites

Fateh Chand vs Balkishan Das on 15 January, 1963

Page |7 The normal measure of mesne-profit is, therefore, the value of the user of land to the person in wrongful possession, as explained by the five Judges' Bench of the Hon'ble Supreme Court of India in Fateh Chand Vs. Balkishan Das [AIR 1963 SC 1403]. It was further elaborated in this judgment that normally a person in wrongful possession of immovable property has to pay compensation computed on the basis of profits he actually received. It is not necessary to consider whether mesne-profits at a rate exceeding the rate of standard rate of the house may be awarded. In this case, the assessment was made by the High Court of compensation at a rate of five per cent of the fair value of the property which was regarded by the Hon'ble Supreme Court of India, not based on the value of the property. This was not sustained by the Hon'ble Supreme Court of India.
Supreme Court of India Cites 7 - Cited by 574 - J C Shah - Full Document

M/S Martin And Harris Pvt Ltd And Anr vs Rajendra Mehta And Ors on 25 February, 2020

In Martin & Harris Pvt. Ltd. & Anr. Vs. Rajendra Mehta & Ors. [(2022) 8 SCC 527], the Hon'ble Supreme Court of India expressed the view that basis of determination of the amount of mesne-profits depends on the facts of circumstances of each case considering the place where the property is situated, i.e. village or city or metropolitan city, location, nature of premises i.e. commercial or residential area and the rate of rent precedent on which premises can be let out are the guiding factor in the fact of individual cases.
Rajasthan High Court - Jaipur Cites 0 - Cited by 10 - I Mahanty - Full Document
1