Code of Civil Procedure, 1908

Supreme Court Clarifies Territorial Jurisdiction in Specific Performance Suits: Rohit Kochhar vs. Vipul Infrastructure Developers Ltd. (26 November 2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 16, Immovable Property, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 22, Territorial Jurisdiction, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 55

Supreme Court Clarifies Territorial Jurisdiction in Specific Performance Suits: Rohit Kochhar vs. Vipul Infrastructure Developers Ltd. (2024) LEGAL ISSUE: Determining the territorial jurisdiction of courts in suits for specific performance of contracts involving immovable property. CASE TYPE: Civil Suit – Specific Performance Case Name: Rohit Kochhar vs. Vipul Infrastructure Developers Ltd. & Ors. Judgment Date: […]

Supreme Court Clarifies Territorial Jurisdiction in Specific Performance Suits: Rohit Kochhar vs. Vipul Infrastructure Developers Ltd. (26 November 2024) Read Post »

Supreme Court Upholds Citizen’s Property Rights Against State’s Adverse Possession Claim: State of Haryana vs. Amin Lal (2024) INSC 875 (19 November 2024)

/ Adverse Possession, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VIII Rule 5, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 110, Indian Evidence Act, 1872 with Section 35, Limitation Act, 1963, Limitation Act, 1963 with Article 65, Property Law, State and Property Rights

Supreme Court Upholds Citizen’s Property Rights Against State’s Adverse Possession Claim Date of the Judgment: 19 November 2024 Citation: 2024 INSC 875 Judges: Vikram Nath, J., Prasanna B. Varale, J. Can a state claim ownership of a citizen’s property through adverse possession? The Supreme Court of India recently addressed this critical question in a case

Supreme Court Upholds Citizen’s Property Rights Against State’s Adverse Possession Claim: State of Haryana vs. Amin Lal (2024) INSC 875 (19 November 2024) Read Post »

Supreme Court Clarifies Stamp Duty on Sale Certificates in Auction Sales: State of Punjab vs. M/s Ferrous Alloy Forgings (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXI Rule 94, Registration Act, 1908, Registration Act, 1908 with Section 17(2)(xii), Registration Act, 1908 with Section 89(4), Stamp Act

Supreme Court Clarifies Stamp Duty on Sale Certificates in Auction Sales: State of Punjab vs. M/s Ferrous Alloy Forgings (2024) LEGAL ISSUE: Whether stamp duty is mandatory for a sale certificate issued to a successful auction purchaser. CASE TYPE: Civil Law, Auction Sales, Stamp Duty, Registration Act Case Name: The State of Punjab & Anr.

Supreme Court Clarifies Stamp Duty on Sale Certificates in Auction Sales: State of Punjab vs. M/s Ferrous Alloy Forgings (2024) Read Post »

Supreme Court clarifies conditions for stay on arbitral awards: International Seaport Dredging vs. Kamarajar Port (2024)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 36, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLI Rule 5

Supreme Court clarifies conditions for stay on arbitral awards: International Seaport Dredging vs. Kamarajar Port (2024) LEGAL ISSUE: Conditions for stay on enforcement of arbitral awards for payment of money. CASE TYPE: Arbitration Law Case Name: International Seaport Dredging Pvt Ltd vs. Kamarajar Port Limited [Judgment Date]: 24 October 2024 Date of the Judgment: 24

Supreme Court clarifies conditions for stay on arbitral awards: International Seaport Dredging vs. Kamarajar Port (2024) Read Post »

Supreme Court addresses delayed judgment delivery in Ratilal Jhaverbhai Parmar vs. State of Gujarat (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XX, Constitutional Law, Constitutional Law with Article 141

Supreme Court addresses delayed judgment delivery in Ratilal Jhaverbhai Parmar vs. State of Gujarat (2024) LEGAL ISSUE: Whether a High Court can issue a reasoned order after a considerable delay after pronouncing the operative part of the order? CASE TYPE: Civil Appellate Case Name: Ratilal Jhaverbhai Parmar and Ors. vs. State of Gujarat and Ors.

Supreme Court addresses delayed judgment delivery in Ratilal Jhaverbhai Parmar vs. State of Gujarat (2024) Read Post »

Supreme Court clarifies execution of partition decrees: Joginder Singh vs. Dr. Virinderjit Singh Gill (2024)

/ Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXI, Code of Civil Procedure, 1908 with Section 47, Execution of Decrees, Partition Suits, Rights of Co-sharers

Supreme Court clarifies execution of partition decrees: Joginder Singh vs. Dr. Virinderjit Singh Gill (2024) LEGAL ISSUE: Maintainability of objections to execution of a partition decree by a co-sharer. CASE TYPE: Civil Case Name: Joginder Singh (Dead) Thr. LRs vs. Dr. Virinderjit Singh Gill (Dead) Thr. LRs & Ors. [Judgment Date]: 17 October 2024 Date

Supreme Court clarifies execution of partition decrees: Joginder Singh vs. Dr. Virinderjit Singh Gill (2024) Read Post »

Supreme Court Allows Amendment of Pleadings to Challenge Will in Property Dispute: Dinesh Goyal vs. Suman Agarwal (24 September 2024)

/ Amendment of Pleadings, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VI Rule 17, Property Dispute, Succession Law, Will Validity

Supreme Court Allows Amendment of Pleadings to Challenge Will in Property Dispute: Dinesh Goyal vs. Suman Agarwal (2024) LEGAL ISSUE: Whether a court can allow the amendment of pleadings to challenge the genuineness of a will after the trial has commenced in a property dispute case. CASE TYPE: Civil, Property Dispute, Succession Case Name: Dinesh

Supreme Court Allows Amendment of Pleadings to Challenge Will in Property Dispute: Dinesh Goyal vs. Suman Agarwal (24 September 2024) Read Post »

Supreme Court Clarifies Trust Ownership of Temple Property: Siddaraja Manicka Prabhu Temple vs. Arulmighu Kamakala Kameshwara Temple (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 92, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 10, Transfer of Property Act, 1882 with Section 11, Trust Law, Trust Property

Supreme Court Clarifies Trust Ownership of Temple Property: Siddaraja Manicka Prabhu Temple vs. Arulmighu Kamakala Kameshwara Temple (2024) LEGAL ISSUE: Whether a property adjacent to a temple is a trust property or under absolute ownership of the person in possession. CASE TYPE: Civil Law, Trust Law. Case Name: Sri Siddaraja Manicka Prabhu Temple vs. The

Supreme Court Clarifies Trust Ownership of Temple Property: Siddaraja Manicka Prabhu Temple vs. Arulmighu Kamakala Kameshwara Temple (2024) Read Post »

Supreme Court Upholds Election Petition: Challenge to Non-Disclosure of Assets in Manipur Assembly Elections (2024)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11, Corrupt Practices, Election Petition, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 83

Supreme Court Upholds Election Petition: Kimneo Haokip Hangshing vs. Kenn Raikhan & Ors. (2024) LEGAL ISSUE: Whether an election petition can be dismissed at the threshold for non-compliance with the requirements of Section 83 of the Representation of the People Act, 1951, specifically regarding the disclosure of assets and allegations of corrupt practices. CASE TYPE:

Supreme Court Upholds Election Petition: Challenge to Non-Disclosure of Assets in Manipur Assembly Elections (2024) Read Post »

Supreme Court Upholds Eviction Order, Emphasizes Proper Framing of Legal Questions in Second Appeals: Rashmi Kant Vijay Chandra & Ors. vs. Baijnath Choubey & Company (2024)

/ Appellate Procedure, Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXX Rule 1, Code of Civil Procedure, 1908 with Section 100, Landlord-Tenant Disputes

Supreme Court Upholds Eviction Order, Emphasizes Proper Framing of Legal Questions in Second Appeals: Rashmi Kant Vijay Chandra & Ors. vs. Baijnath Choubey & Company (2024) LEGAL ISSUE: Whether a High Court can overturn a First Appellate Court’s factual findings in a second appeal without framing a substantial question of law regarding those findings, and

Supreme Court Upholds Eviction Order, Emphasizes Proper Framing of Legal Questions in Second Appeals: Rashmi Kant Vijay Chandra & Ors. vs. Baijnath Choubey & Company (2024) Read Post »

Supreme Court Sets Aside Ex-Parte Decree for Lack of Fair Hearing in Property Dispute: Ranjit Singh vs. State of Uttarakhand (2024)

/ Civil Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 47, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 106

Supreme Court Sets Aside Ex-Parte Decree for Lack of Fair Hearing in Property Dispute: Ranjit Singh vs. State of Uttarakhand (2024) LEGAL ISSUE: Whether an ex-parte decree can be set aside if the defendant was not given a fair opportunity to be heard. CASE TYPE: Civil Property Dispute Case Name: Ranjit Singh & Anr. vs.

Supreme Court Sets Aside Ex-Parte Decree for Lack of Fair Hearing in Property Dispute: Ranjit Singh vs. State of Uttarakhand (2024) Read Post »

Supreme Court clarifies Mesne Profits Inquiry Timeline in Property Dispute: Choudappa vs. Choudappa (2024)

/ Civil Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XX Rule 12, Mesne Profits, Property Law

Supreme Court Clarifies Mesne Profits Inquiry Timeline in Property Dispute: Choudappa vs. Choudappa (2024) LEGAL ISSUE: Whether an application for determination of mesne profits, filed years after a decree for possession, is barred by limitation. CASE TYPE: Civil Property Dispute Case Name: Choudappa & Anr. vs. Choudappa Since Deceased By Lrs. & Ors. Judgment Date:

Supreme Court clarifies Mesne Profits Inquiry Timeline in Property Dispute: Choudappa vs. Choudappa (2024) Read Post »

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