Code of Civil Procedure, 1908 with Section 9

Supreme Court Upholds Wakf Tribunal Jurisdiction in Eviction Cases: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt. Ltd. (20 October 2023)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 47, Code of Civil Procedure, 1908 with Section 9, Wakf Act, 1995, Wakf Act, 1995 with Section 83, Wakf Act, 1995 with Section 85

Supreme Court Upholds Wakf Tribunal Jurisdiction in Eviction Cases: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt. Ltd. (2023) LEGAL ISSUE: Whether the Wakf Tribunal has jurisdiction to adjudicate eviction matters related to Wakf properties. CASE TYPE: Wakf Law, Property Law Case Name: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt. […]

Supreme Court Upholds Wakf Tribunal Jurisdiction in Eviction Cases: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt. Ltd. (20 October 2023) Read Post »

Supreme Court Upholds Sale Deed, Rejects ‘Sham Transaction’ Claim: Damodhar Narayan Sawale vs. Tejrao Bajirao Mhaske (2023)

/ C.T. Ravikumar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 9, Indian Registration Act, 1908, Indian Registration Act, 1908 with Section 17, Judges, M.R. Shah, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 with Section 36A, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 with Section 36B, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 5, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Sale Deed, Rejects ‘Sham Transaction’ Claim: Damodhar Narayan Sawale vs. Tejrao Bajirao Mhaske (2023) LEGAL ISSUE: Whether a registered sale deed can be deemed a sham transaction and void based on claims of it being a collateral security for a loan, and the applicability of the Maharashtra Prevention of Fragmentation and Consolidation

Supreme Court Upholds Sale Deed, Rejects ‘Sham Transaction’ Claim: Damodhar Narayan Sawale vs. Tejrao Bajirao Mhaske (2023) Read Post »

Supreme Court Upholds Sale Deed, Settles Land Dispute: Damodhar Narayan Sawale vs. Shri Tejrao Bajirao Mhaske (2023)

/ C.T. Ravikumar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VIII Rule 6A, Code of Civil Procedure, 1908 with Section 9, Counterclaim, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 91, Indian Evidence Act, 1872 with Section 92, Judges, M.R. Shah, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 with Section 36A, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 with Section 36B, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 with Section 9(1), Sale, Transfer of Property, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Sale Deed, Settles Land Dispute: Damodhar Narayan Sawale vs. Shri Tejrao Bajirao Mhaske (2023) LEGAL ISSUE: Validity of a registered sale deed and the applicability of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947. CASE TYPE: Civil Case Name: Damodhar Narayan Sawale (D) through LRs. vs. Shri Tejrao Bajirao

Supreme Court Upholds Sale Deed, Settles Land Dispute: Damodhar Narayan Sawale vs. Shri Tejrao Bajirao Mhaske (2023) Read Post »

Supreme Court clarifies the jurisdiction of Civil Courts and DRT in loan recovery cases: Bank of Rajasthan vs. VCK Shares (2022)

/ Abhay S. Oka, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 10, Code of Civil Procedure, 1908 with Section 151, Code of Civil Procedure, 1908 with Section 9, Constitutional Law, Constitutional Law with Article 227, Judges, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 with Section 17, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 with Section 18, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 with Section 19, Sanjay Kishan Kaul, Vikram Nath

Supreme Court Clarifies Jurisdiction in Bank Loan Recovery Cases: Bank of Rajasthan vs. VCK Shares (2022) LEGAL ISSUE: Whether a borrower can file an independent suit against a bank in a civil court when the bank has already initiated recovery proceedings at the Debts Recovery Tribunal (DRT). CASE TYPE: Banking Law, Debt Recovery Case Name:

Supreme Court clarifies the jurisdiction of Civil Courts and DRT in loan recovery cases: Bank of Rajasthan vs. VCK Shares (2022) Read Post »

Supreme Court Upholds Concurrent Findings in Land Dispute: Kirpa Ram vs. Surendra Deo Gaur (2020)

/ Ajay Rastogi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Code of Civil Procedure, 1908 with Section 9, Delhi Land Revenue Act, 1954, Delhi Land Revenue Act, 1954 with Section 28, Delhi Land Revenue Act, 1954 with Section 83, Hemant Gupta, Judges, L. Nageswara Rao

Supreme Court Upholds Concurrent Findings in Land Dispute: Kirpa Ram vs. Surendra Deo Gaur (2020) LEGAL ISSUE: Whether a civil court has jurisdiction over a land dispute when a party claims the land is part of a different revenue estate. CASE TYPE: Civil Case Name: Kirpa Ram (Deceased) Through Legal Representatives & Ors. vs. Surendra

Supreme Court Upholds Concurrent Findings in Land Dispute: Kirpa Ram vs. Surendra Deo Gaur (2020) Read Post »

Supreme Court clarifies jurisdiction in land disputes: Pyarelal vs. Shubhendra Pilania (29 January 2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11(d), Code of Civil Procedure, 1908 with Section 9, Dhananjaya Y Chandrachud, Judges, Rajasthan Tenancy Act, 1955, Rajasthan Tenancy Act, 1955 with Section 207, Rajasthan Tenancy Act, 1955 with Section 256, Rajasthan Tenancy Act, 1955 with Section 88, Uday Umesh Lalit

Supreme Court Clarifies Jurisdiction in Land Disputes: Pyarelal vs. Shubhendra Pilania (2019) Date of the Judgment: 29 January 2019 Citation: Pyarelal vs. Shubhendra Pilania (2019) INSC 49 Judges: Justice Uday Umesh Lalit and Justice Dr. Dhananjaya Y Chandrachud Can a civil court decide on the validity of a gift deed for agricultural land if the

Supreme Court clarifies jurisdiction in land disputes: Pyarelal vs. Shubhendra Pilania (29 January 2019) Read Post »

Supreme Court Restores Finality to Land Acquisition: H.N. Jagannath vs. State of Karnataka (2017)

/ Arun Mishra, Bangalore Development Authority Act, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 9, Constitutional Law, Constitutional Law with Article 226, Judges, Land Acquisition, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 16(2), Mohan M. Shantanagoudar

LEGAL ISSUE: Whether a civil court can decide on the validity of land acquisition notifications and proceedings. CASE TYPE: Land Acquisition Case Name: H. N. Jagannath & Ors. vs. State of Karnataka & Ors. Judgment Date: 06 December 2017 Date of the Judgment: 06 December 2017 Citation: 2017 INSC 1049 Judges: Arun Mishra, J., Mohan

Supreme Court Restores Finality to Land Acquisition: H.N. Jagannath vs. State of Karnataka (2017) Read Post »

Supreme Court Clarifies Jurisdiction in Escheat Cases: Kutchi Lal Rameshwar Ashram Trust vs. Collector, Haridwar (22 September 2017)

/ Administrator General, Administrators-General Act, 1963, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 9, D.Y. Chandrachud, Escheat, Estate Administration, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 29, Intestate Succession, Judges, Jurisdiction of Civil Courts, N.V. Ramana

LEGAL ISSUE: Whether a Collector has the jurisdiction to decide on the vesting of property in the government under Section 29 of the Hindu Succession Act, 1956, when a dispute of title exists. CASE TYPE: Civil Law – Property Dispute, Hindu Succession Act. Case Name: Kutchi Lal Rameshwar Ashram Trust Evam Anna Kshetra Trust Thr.

Supreme Court Clarifies Jurisdiction in Escheat Cases: Kutchi Lal Rameshwar Ashram Trust vs. Collector, Haridwar (22 September 2017) Read Post »

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