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M.N. Clubwala v. Fida Hussain Saheb, 1964

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M.N. Clubwala v. Fida Hussain Saheb, (1964) 6 SCR 642, 651 This case interpretation/case summary is written by Ms. Swati Sharma a student at the Faculty of Law (Delhi University). If you also want to publish your articles or case interpretations/summaries, send your work to  niyamskanoon09@gmail.com . Case Details PETITIONER:  MRS. M. N. CLUBWALA AND ANR. Vs. RESPONDENT: FIDA HUSSAIN SAHEB AND ORS. DATE OF JUDGMENT: 03/02/1964 BENCH: MUDHOLKAR, J.R. SUBBARAO, K. CITATION: 1965 AIR 610 1964 SCR (6) 642 Introduction   The case of M.N. Clubwala v. Fida Hussain Saheb (1964) under the Delhi Rent Control Act is a landmark judgment that clarifies the distinction between a lease and a license and the jurisdiction of the Rent Controller. The primary issue in this case was whether the agreements between the landlord (M.N. Clubwala) and the shopkeepers (Fida Hussain Saheb) created a lease or a license.  Facts of the Case M.N. Clubwala (Landlord) used his building as market by
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Difference Between Movable and Immovable Property

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This article is written by a second-year student of Delhi University, Faculty of Law , on a very indispensable topic in Property Law.  Movable Property Definition - Transfer of Property Act, of 1882  does not define "movable Property" explicitly however movable property is that property which can be moved from one place to another. Section 2 Sale of Goods Act -   Movable property includes stocks, shares, growing crops, and grass.   General Clause Act, 1897 - Movable property shall mean the property of every description except immovable property  Registration To Transfer a movable Property registration is not required by law.  Examples of movable property are jewelry, cars Etc. Immovable property  Definition - Immovable property are those properties that are unable to change their place.   "Indian Registration Act,1908" immovable property includes ; Land  Building  Hereditary allowance (payable out of income of land )  Right to ways  Lights  Ferries  Fis
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Shanta Bai v. State of Bombay , 1958

Shanta Bai v. State of Bombay, 1958  Facts The owner of the forest executed an unregistered document styled as a lease in favor of his wife named Shanta Bai As per the deed, the right was conferred upon her to enter the estate for cutting and taking out bamboo, fuel wood, and teak for consideration of Rs 26,000 for a period of Twelve and half years. At   the same time, she was prohibited from cutting teak plants that were under the height of one and a half feet. Later on "M.P Abolition of Proprietary Rights Act, 1950" was passed, which transferred all the rights to the estate. The plaintiff was stopped from cutting trees, by a forest officer. She appealed under Article 32 before the Apex court after the verdict passed by the High Court was against her.   Plaintiff contention The contended property was movable and for transferring it doesn't require registration of the document.  Defendant contention It is immovable property and the document transferring the said property
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