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 […]
Can a Society file a representative suit under Order 1 Rule 8 of the Code of Civil Procedure, 1908, regarding ownership of land? The Supreme Court of India addressed this question in a case between S.N.D.P. Sakhayogam and Kerala Atmavidya Sangham. This case revolves around a property dispute and whether a society can represent a
LEGAL ISSUE: Whether a notice under Section 80 of the Code of Civil Procedure, 1908 (CPC) is mandatory before instituting a suit against the government. CASE TYPE: Civil Property Dispute Case Name: Sant Prasad vs. Kausla Nand Sinha & Ors. [Judgment Date]: September 01, 2017 Date of the Judgment: September 01, 2017 Citation: Not available
Can a High Court dismiss a second appeal without stating reasons? The Supreme Court of India recently addressed this question in a case concerning a property partition dispute. The Court emphasized the importance of reasoned judgments, particularly in appellate cases. This case highlights the necessity for High Courts to provide clear explanations when dismissing appeals.
LEGAL ISSUE: Whether a suit filed by an unregistered public trust is maintainable under Section 29 of the Rajasthan Public Trusts Act, 1959. CASE TYPE: Civil Law Case Name: Public Trust Shri Geeta Satsang Bhawan vs. Nand Lal & Ors. Judgment Date: 25 July 2017 Introduction Date of the Judgment: 25 July 2017 Citation: (2017)
LEGAL ISSUE: Enforceability of an arbitral award as a decree of a civil court. CASE TYPE: Arbitration Law. Case Name: Punjab State Civil Supplies Corporation Ltd. & Anr. vs. M/s Atwal Rice & General Mills Rep. by its Partners. [Judgment Date]: July 11, 2017 Introduction Date of the Judgment: July 11, 2017 Citation: (2017) INSC
LEGAL ISSUE: Whether a tenant can dispute the landlord’s title during the continuation of tenancy, especially after initially acknowledging it. CASE TYPE: Eviction Law/Property Law Case Name: Jaspal Kaur Cheema and Anr. vs. M/S Industrial Trade Links and Ors. Judgment Date: 03 July 2017 Date of the Judgment: 03 July 2017 Citation: [Not Available in
LEGAL ISSUE: Validity of a gift deed under Muslim Law and its effect on property ownership. CASE TYPE: Civil (Property Law, Eviction) Case Name: D. N. Joshi (D) Thr. LRs. & Others vs. D.C. Harris & Another [Judgment Date]: July 3, 2017 Introduction Date of the Judgment: July 3, 2017 Citation: (2017) INSC 588 Judges:
Supreme Court Upholds Gift Deed and Eviction: D.N. Joshi vs. D.C. Harris (2017) Read Post »
Can a suit be dismissed for misjoinder of parties when the causes of action are related? The Supreme Court of India addressed this question in a case involving a construction agreement and a subsequent oral agreement. The Court also clarified the applicability of an arbitration clause in such situations. This judgment clarifies the rules of
LEGAL ISSUE: Whether the High Court erred in reversing the concurrent findings of the trial court and appellate court regarding the ownership and possession of the suit property. CASE TYPE: Civil Property Dispute Case Name: Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust vs. Chandran & Ors Judgment Date: 10 February 2017 Introduction Date of the
LEGAL ISSUE: Whether a bank, having legally acquired a property through auction for loan recovery, is obligated to share the surplus from the property’s subsequent sale with the original borrower, especially when the borrower faces extreme financial distress and health issues. CASE TYPE: Civil Appeal. Case Name: State Bank of Travancore & Ors. vs. R.
Date of the Judgment: 17 July 2013 Citation: Satya Pal Anand v. Punjabi Housing Co-operative Society & Others, Special Leave Petition(C) No. 13255 of 2012 Judges: P. Sathasivam, J., J. Chelameswar, J. Can a court appoint a receiver for a property when the applicant has already received compensation and a third party is in possession?
