Code of Civil Procedure

Supreme Court Sets Aside Injunction in Land Sale Dispute: Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP (2020)

Supreme Court Sets Aside Injunction in Land Sale Dispute: Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP (2020) LEGAL ISSUE: Whether a temporary injunction should be granted in a suit for specific performance of a contract for sale of land, especially when there is a delay in filing the suit and third-party rights have been […]

Supreme Court Sets Aside Injunction in Land Sale Dispute: Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP (2020) Read Post »

Supreme Court Upholds Land Ceiling Act: Customary Divorce Not Proven in Dungaji Case (2019)

Supreme Court Upholds Land Ceiling Act: Customary Divorce Not Proven in Dungaji Case (2019) LEGAL ISSUE: Whether a customary divorce was valid, and if so, whether land owned by the divorced wife should be included in the husband’s land holdings under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960. CASE TYPE: Land Ceiling/Civil Case

Supreme Court Upholds Land Ceiling Act: Customary Divorce Not Proven in Dungaji Case (2019) Read Post »

Maintainability of Revision Petition in Execution Proceedings: Supreme Court clarifies under Consumer Protection Act (2019)

Supreme Court clarifies maintainability of revision petition in execution proceedings under Consumer Protection Act LEGAL ISSUE: Whether a revision petition is maintainable before the National Consumer Disputes Redressal Commission against an order passed by the State Commission in an appeal arising out of execution proceedings. CASE TYPE: Consumer Law Case Name: Karnataka Housing Board vs.

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Supreme Court clarifies daughters’ inheritance rights after family partition: Shailndra Kumar Jain vs. Maya Prakash Jain (2019)

Supreme Court clarifies daughters’ inheritance rights after family partition: Shailndra Kumar Jain vs. Maya Prakash Jain (2019) LEGAL ISSUE: Whether daughters are necessary parties in a suit concerning the partition of ancestral property, particularly when a prior partition had occurred among male family members. CASE TYPE: Civil Law, Property Law, Inheritance Law. Case Name: Shailndra

Supreme Court clarifies daughters’ inheritance rights after family partition: Shailndra Kumar Jain vs. Maya Prakash Jain (2019) Read Post »

Supreme Court allows appeal against rejection of plaint under Benami Act: Pawan Kumar vs. Babulal (2019) INSC 268

Supreme Court allows appeal against rejection of plaint under Benami Act: Pawan Kumar vs. Babulal (2019) INSC 268 Date of the Judgment: April 02, 2019 Citation: 2019 INSC 268 Judges: Uday Umesh Lalit, J., Indu Malhotra, J. Can a plaint be rejected under Order VII Rule 11 of the Code of Civil Procedure (CPC) if

Supreme Court allows appeal against rejection of plaint under Benami Act: Pawan Kumar vs. Babulal (2019) INSC 268 Read Post »

Supreme Court Restores First Appellate Court’s Decision on Will Validity: Gurnam Singh vs. Lehna Singh (2019)

Supreme Court Restores First Appellate Court’s Decision on Will Validity: Gurnam Singh vs. Lehna Singh (2019) Date of the Judgment: March 13, 2019 Citation: (2019) INSC 221 Judges: L. Nageswara Rao, J., M.R. Shah, J. Can a High Court re-evaluate evidence in a second appeal, or is it bound by the findings of the first

Supreme Court Restores First Appellate Court’s Decision on Will Validity: Gurnam Singh vs. Lehna Singh (2019) Read Post »

Supreme Court Upholds Gift Deed Validity: Jagdish Chander vs. Satish Chander (27 February 2019)

Supreme Court Upholds Gift Deed Validity: Jagdish Chander vs. Satish Chander (2019) LEGAL ISSUE: Whether a registered gift deed can be invalidated on the grounds of alleged consideration, when the document itself indicates that the mentioned amount is for valuation purposes only. CASE TYPE: Civil Law – Property Dispute Case Name: Jagdish Chander vs. Satish

Supreme Court Upholds Gift Deed Validity: Jagdish Chander vs. Satish Chander (27 February 2019) Read Post »

Supreme Court Upholds Concurrent Findings on Specific Performance: Kamal Kumar vs. Premlata Joshi (2019)

Supreme Court Upholds Concurrent Findings on Specific Performance: Kamal Kumar vs. Premlata Joshi (2019) LEGAL ISSUE: Whether the plaintiff was ready and willing to perform his part of the contract for specific performance. CASE TYPE: Civil – Specific Performance of Contract Case Name: Kamal Kumar vs. Premlata Joshi & Ors. Judgment Date: January 07, 2019

Supreme Court Upholds Concurrent Findings on Specific Performance: Kamal Kumar vs. Premlata Joshi (2019) Read Post »

Supreme Court Upholds Electricity Project, Vacates Status Quo in Land Dispute: State of Jharkhand vs. Surendra Kumar Srivastava (2019)

Supreme Court Upholds Electricity Project, Vacates Status Quo in Land Dispute: State of Jharkhand vs. Surendra Kumar Srivastava (2019) LEGAL ISSUE: Whether a High Court can order a status quo on construction of an electricity sub-station when the plaintiffs have failed to establish a prima facie case of title or possession over the disputed land.

Supreme Court Upholds Electricity Project, Vacates Status Quo in Land Dispute: State of Jharkhand vs. Surendra Kumar Srivastava (2019) Read Post »

Supreme Court Directs Trial Court to Decide on Applicability of Tenancy Act: Bijay Kumar vs. Ashwin Desai (2018)

Supreme Court Directs Trial Court to Decide on Applicability of Tenancy Act: Bijay Kumar vs. Ashwin Desai (2018) Date of the Judgment: December 12, 2018 Citation: (2018) INSC 1088 Judges: N.V. Ramana, J. and Mohan M. Shantanagoudar, J. Can a dispute over which tenancy law applies to a lease be resolved as a preliminary issue?

Supreme Court Directs Trial Court to Decide on Applicability of Tenancy Act: Bijay Kumar vs. Ashwin Desai (2018) Read Post »

Supreme Court Upholds Validity of Wills in Property Dispute: Sunkara Lakshminarasamma vs. Sagi Subba Raju (28 November 2018)

Supreme Court Upholds Validity of Wills in Property Dispute: Sunkara Lakshminarasamma vs. Sagi Subba Raju (2018) LEGAL ISSUE: Validity of Wills and property rights. CASE TYPE: Civil (Property Partition and Specific Performance) Case Name: Sunkara Lakshminarasamma (D) By LRs. vs. Sagi Subba Raju & Others Judgment Date: 28 November 2018 Date of the Judgment: 28

Supreme Court Upholds Validity of Wills in Property Dispute: Sunkara Lakshminarasamma vs. Sagi Subba Raju (28 November 2018) Read Post »

Supreme Court Remands Landlord-Tenant Dispute: Biswajit Sukul vs. Deo Chand Sarda (2018)

Supreme Court Remands Landlord-Tenant Dispute: Biswajit Sukul vs. Deo Chand Sarda (2018) LEGAL ISSUE: Procedural error in appellate review of a landlord-tenant dispute. CASE TYPE: Civil Case Name: Biswajit Sukul vs. Deo Chand Sarda & Ors. Judgment Date: 25 September 2018 Date of the Judgment: 25 September 2018 Citation: (2018) INSC 858 Judges: Abhay Manohar

Supreme Court Remands Landlord-Tenant Dispute: Biswajit Sukul vs. Deo Chand Sarda (2018) Read Post »

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