Supreme Court Upholds Separate Suit for Damages After Possession Decree: Bharat Petroleum vs. ATM Constructions (2023) LEGAL ISSUE: Whether a separate suit for damages for use and occupation of property is maintainable after a decree for possession has been obtained in an earlier suit. CASE TYPE: Civil Law, Property Law Case Name: M/s Bharat Petroleum […]
Supreme Court clarifies Order II Rule 2 CPC in specific performance suit: Eldeco Housing vs. Ashok Vidyarthi (2023) LEGAL ISSUE: Whether a suit for specific performance is barred under Order II Rule 2 of the Code of Civil Procedure (CPC) if a prior suit for injunction was filed concerning the same property. CASE TYPE: Civil
Supreme Court Upholds Temple’s Right Over Dedicated Jewelry: R.M. Sundaram vs. Sri Kayarohanasamy Temple (2022) LEGAL ISSUE: Whether certain jewelry kept in a temple vault constitutes a specific endowment for the deity or belongs to the family that placed it there. CASE TYPE: Religious Endowment/Civil Case Name: R.M. Sundaram @ Meenakshisundaram v. Sri Kayarohanasamy and
Supreme Court Refuses Specific Performance, Orders Refund in Property Sale Dispute: Shenbagam vs. Rathinavel (2022) LEGAL ISSUE: Whether the plaintiff was “ready and willing” to perform their obligations in a contract for the sale of property, a prerequisite for specific performance. CASE TYPE: Civil (Specific Performance of Contract) Case Name: Shenbagam & Ors. vs. K.K.
Supreme Court Denies Specific Performance in Property Sale Dispute: Shenbagam & Ors. vs. KK Rathinavel (2022) LEGAL ISSUE: Whether the plaintiff in a suit for specific performance of a contract demonstrated continuous “readiness and willingness” to fulfill their obligations under the contract. CASE TYPE: Civil – Specific Performance of Contract Case Name: Shenbagam & Ors.
Supreme Court Bars Re-Litigation of Title: Sri Lankappa vs. Karnataka Industrial Corporation (2021) LEGAL ISSUE: Whether a subsequent suit for declaration of title is barred by res judicata and Order II Rule 2 of the Code of Civil Procedure, 1908, when the issue of title was already decided in previous proceedings. CASE TYPE: Civil Case
Supreme Court Upholds Demolition of Dilapidated Building, Limits Tenant’s Rights: Abdul Khuddus vs. H.M. Chandiramani (2021) LEGAL ISSUE: Whether a tenant can claim repossession of a demolished building under the Transfer of Property Act, despite being a statutory tenant under the Rent Act. CASE TYPE: Civil Law, Property Law, Rent Control Case Name: Abdul Khuddus
Supreme Court Upholds Survivorship Rights, Invalidates Will in Property Dispute Date of the Judgment: July 17, 2020 Citation: CIVIL APPEAL NOS. 1021-1026 OF 2013, ETC. Judges: Justice Sanjay Kishan Kaul, Justice K.M. Joseph Can a will override the traditional laws of inheritance in a Hindu joint family? The Supreme Court recently addressed this complex issue,
LEGAL ISSUE: Whether a second suit for mesne profits is maintainable after the claim for it was relinquished in an earlier suit for possession. CASE TYPE: Civil Law – Property Dispute Case Name: M/s Raptakos, Brett & Co. Ltd. vs. M/s Ganesh Property Judgment Date: 5 September 2017 Introduction Date of the Judgment: 5 September
