Code of Civil Procedure, 1908

Supreme Court Upholds Dismissal of Suit Based on Unproven Agreement: Suresh Kumar vs. Anil Kakaria (2017)

LEGAL ISSUE: Whether a suit for declaration and mandatory injunction is maintainable based on an unproven agreement to sell and an unproven will. CASE TYPE: Civil Law – Property Dispute Case Name: Suresh Kumar through GPA vs. Anil Kakaria & Ors. Judgment Date: November 6, 2017 Introduction Date of the Judgment: November 6, 2017 Citation: […]

Supreme Court Upholds Dismissal of Suit Based on Unproven Agreement: Suresh Kumar vs. Anil Kakaria (2017) Read Post »

Supreme Court Clarifies Scope of Injunctions in Property Transfers: Virendrabhai Devjibhai Patel vs. Keshavbhai Makanbhai (2017)

LEGAL ISSUE: Scope of an interlocutory injunction on property transfers. CASE TYPE: Civil. Case Name: Virendrabhai Devjibhai Patel vs. Keshavbhai Makanbhai. [Judgment Date]: 31 October 2017 Date of the Judgment: 31 October 2017. Citation: 2017 INSC 948. Judges: Justice Kurian Joseph and Justice R. Banumathi. Can a transfer of property, made in violation of an

Supreme Court Clarifies Scope of Injunctions in Property Transfers: Virendrabhai Devjibhai Patel vs. Keshavbhai Makanbhai (2017) Read Post »

Supreme Court Disposes of Disciplinary Proceedings Based on Settlement: Bhushan Steel vs. State of U.P. (2017)

Date of the Judgment: October 30, 2017 Citation: (2017) INSC 947 Judges: Justice Kurian Joseph and Justice R. Banumathi Can parties settle a disciplinary matter pending before the Supreme Court? The Supreme Court of India addressed this question in a recent case involving a dispute between Bhushan Steel and the State of Uttar Pradesh. The

Supreme Court Disposes of Disciplinary Proceedings Based on Settlement: Bhushan Steel vs. State of U.P. (2017) Read Post »

Supreme Court Upholds Ownership Rights, Rejects Adverse Possession Claim in Property Dispute

LEGAL ISSUE: Whether the defendant had successfully established a claim of adverse possession over a portion of the suit property. CASE TYPE: Civil Property Law Case Name: Narendra & Ors. vs. Ajabrao s/o Narayan Katare (D) Through LRs. Judgment Date: 26 October 2017 Date of the Judgment: 26 October 2017 Citation: [Not Available in Source]

Supreme Court Upholds Ownership Rights, Rejects Adverse Possession Claim in Property Dispute Read Post »

Impleadment of Assignee After 27 Years Denied: Supreme Court on Specific Performance Suits – LIC vs. Sanjeev Builders (24 October 2017)

LEGAL ISSUE: Whether an assignee can be impleaded in a suit for specific performance after an inordinate delay. CASE TYPE: Civil – Specific Performance. Case Name: Life Insurance Corporation of India vs. Sanjeev Builders Pvt. Ltd. And Ors. [Judgment Date]: 24 October 2017 Date of the Judgment: 24 October 2017 Citation: Civil Appeal No. of

Impleadment of Assignee After 27 Years Denied: Supreme Court on Specific Performance Suits – LIC vs. Sanjeev Builders (24 October 2017) Read Post »

Supreme Court Overrules Restrictions on Videoconferencing in Matrimonial Disputes: Santhini vs. Vijaya Venketesh (2017) INSC 847 (9 October 2017)

LEGAL ISSUE: Whether videoconferencing can be used in matrimonial disputes under the Family Courts Act, 1984. CASE TYPE: Matrimonial Law. Case Name: Santhini vs. Vijaya Venketesh. Judgment Date: 9 October 2017 Introduction Date of the Judgment: 9 October 2017 Citation: (2017) INSC 847 Judges: Dipak Misra, CJI, A.M. Khanwilkar, J. (Majority Opinion), Dr. D.Y. Chandrachud,

Supreme Court Overrules Restrictions on Videoconferencing in Matrimonial Disputes: Santhini vs. Vijaya Venketesh (2017) INSC 847 (9 October 2017) Read Post »

Impleading Legal Representatives: Supreme Court Clarifies Order 1 Rule 10 CPC Applicability in Cases of Pre-Suit Death (2017)

Date of the Judgment: October 3, 2017 Citation: (2017) INSC 879 Judges: Arun Mishra, J., Mohan M. Shantanagoudar, J. Can a suit against a dead person be rectified by adding their legal heirs later? The Supreme Court of India recently addressed this crucial question in a case concerning a property dispute where one of the

Impleading Legal Representatives: Supreme Court Clarifies Order 1 Rule 10 CPC Applicability in Cases of Pre-Suit Death (2017) Read Post »

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

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 »

Supreme Court Settles Property Dispute Through Compromise: Thuluva Vellalar Sangam vs. R. Manthrasalam (20 September 2017)

LEGAL ISSUE: Property dispute resolution through compromise. CASE TYPE: Civil. Case Name: Thuluva Vellalar Sangam vs. R. Manthrasalam & Ors. [Judgment Date]: 20 September 2017 Date of the Judgment: 20 September 2017 Citation: [Not Available in the source] Judges: Justice Kurian Joseph and Justice R. Banumathi. Can a long-standing property dispute be resolved amicably, even

Supreme Court Settles Property Dispute Through Compromise: Thuluva Vellalar Sangam vs. R. Manthrasalam (20 September 2017) Read Post »

Supreme Court Upholds Wakf Board’s Ownership, Dismisses Adverse Possession Claim: Dharampal vs. Punjab Wakf Board (2017)

LEGAL ISSUE: Whether a claim of adverse possession can be used to claim ownership of Wakf property and whether a civil suit is barred by Order 9 Rule 9 of the Code of Civil Procedure, 1908 if a previous suit on the same matter was dismissed for default. CASE TYPE: Property Law, Wakf Law Case

Supreme Court Upholds Wakf Board’s Ownership, Dismisses Adverse Possession Claim: Dharampal vs. Punjab Wakf Board (2017) Read Post »

Supreme Court Dismisses Suit Claiming Ownership of Ancient Temple: State of Uttarakhand vs. Mandir Sri Laxman Sidh Maharaj (2017)

LEGAL ISSUE: Whether a private individual can claim ownership of a heritage temple and surrounding land based on adverse possession without proper pleadings and evidence. CASE TYPE: Civil Law – Property Dispute Case Name: State of Uttarakhand & Anr. vs. Mandir Sri Laxman Sidh Maharaj Judgment Date: September 12, 2017 Introduction Date of the Judgment:

Supreme Court Dismisses Suit Claiming Ownership of Ancient Temple: State of Uttarakhand vs. Mandir Sri Laxman Sidh Maharaj (2017) Read Post »

Supreme Court clarifies remedy against Lok Adalat awards: Bhargavi Constructions vs. Kothakapu Muthyam Reddy (2017)

LEGAL ISSUE: Whether a civil suit is maintainable to challenge an award passed by the Lok Adalat or if the only remedy is a writ petition. CASE TYPE: Civil Case Name: Bhargavi Constructions & Anr. vs. Kothakapu Muthyam Reddy & Ors. [Judgment Date]: September 7, 2017 Date of the Judgment: September 7, 2017 Citation: (2017)

Supreme Court clarifies remedy against Lok Adalat awards: Bhargavi Constructions vs. Kothakapu Muthyam Reddy (2017) Read Post »

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