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 »
LEGAL ISSUE: Whether a suit for partition is barred by limitation under Article 65(b) of the Limitation Act, 1963, when the property is claimed through a female who was the absolute owner. CASE TYPE: Civil (Partition Suit) Case Name: Bapusaheb Chimasaheb Naik-Nimbalkar (Dead) Through Lrs. & Anr. vs. Mahesh Vijaysinha Rajebhosale & Ors. Judgment Date:
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
Date of the Judgment: 15 November 2016 Citation: (2016) INSC 1093 Judges: Kurian Joseph, J., R.F. Nariman, J. Can a defendant in a summary suit be granted unconditional leave to defend if they raise a triable issue? The Supreme Court of India addressed this question in a case involving a corporate guarantee. The Court clarified
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?
Date of the Judgment: July 16, 2013 Citation: 2013 INSC 473 Judges: Surinder Singh Nijjar, J., Pinaki Chandra Ghose, J. Can a parent who takes a child out of their home country against court orders be compelled to return the child? The Supreme Court of India addressed this critical issue in a recent case involving
LEGAL ISSUE: Whether the Income Tax Appellate Tribunal’s (ITAT) order was based on sufficient evidence regarding unexplained cash credits, and if the High Court erred in dismissing the appeal for lack of a substantial question of law. CASE TYPE: Income Tax Law Case Name: Vijay Kumar Talwar vs. Commissioner of Income Tax, Delhi [Judgment Date]:
Date of the Judgment: 4th November, 2008 Judges: Altamas Kabir, J., Markandey Katju, J. The Supreme Court addressed the question of whether retiral benefits, specifically pension and gratuity, can be attached for the satisfaction of a court decree, even after these benefits have been converted into fixed deposits. This appeal arose from a case where
Introduction Date of the Judgment: September 29, 2008 Citation: [Not Available in Source] Judges: Tarun Chatterjee, J., Dalveer Bhandari, J. Do you need to serve a government official with a notice before suing them, even if they’re only involved in a minor way? The Supreme Court of India clarified this issue in the case of
Introduction Date of the Judgment: September 26, 2008 Judges: C.K. Thakker, J., D.K. Jain, J. Can a High Court transfer cases from a court subordinate to it to another court subordinate to a different High Court? The Supreme Court addressed this question in Durgesh Sharma v. Jayshree, concerning the jurisdiction and authority to transfer legal
Introduction Date of the Judgment: September 19, 2008 Judges: Tarun Chatterjee, J., Aftab Alam, J. When a party presents additional evidence in a second appeal, is it the duty of the High Court to consider such evidence? The Supreme Court of India addressed this question in a case where the High Court of Punjab and
