Navin Sinha

Supreme Court Upholds Co-Bhumidari Rights in Land Dispute: Vijay Kumar vs. Bal Krishan (2017)

LEGAL ISSUE: Determination of co-bhumidari rights in jointly purchased land. CASE TYPE: Civil Law – Land Revenue Dispute Case Name: Vijay Kumar and Another vs. Bal Krishan and Others [Judgment Date]: December 8, 2017 Introduction Date of the Judgment: December 8, 2017 Citation: (2017) INSC 999 Judges: R.K. Agrawal, J., Navin Sinha, J. Can a […]

Supreme Court Upholds Co-Bhumidari Rights in Land Dispute: Vijay Kumar vs. Bal Krishan (2017) Read Post »

Supreme Court Upholds Arbitral Award of Interest: Union of India vs. M/s. Susaka Pvt. Ltd. (2017)

LEGAL ISSUE: Whether an arbitral tribunal can award interest on claims when the contract contains a clause prohibiting interest, and whether such an issue can be raised for the first time in appeal. CASE TYPE: Arbitration Law Case Name: Union of India vs. M/s. Susaka Pvt. Ltd. & Ors. Judgment Date: 08 December 2017 Date

Supreme Court Upholds Arbitral Award of Interest: Union of India vs. M/s. Susaka Pvt. Ltd. (2017) Read Post »

Supreme Court Clarifies Stamp Duty on Toll Collection Contracts: Nasiruddin vs. State of Uttar Pradesh (2017)

LEGAL ISSUE: Whether contracts for the collection of “Tehbazari” and parking fees are considered leases under the Indian Stamp Act, 1899, and therefore subject to stamp duty as leases. CASE TYPE: Stamp Duty, Contract Law Case Name: Nasiruddin & Anr. Etc. vs. The State of Uttar Pradesh through Secretary & Ors. [Judgment Date]: 06 December

Supreme Court Clarifies Stamp Duty on Toll Collection Contracts: Nasiruddin vs. State of Uttar Pradesh (2017) Read Post »

Supreme Court Upholds Specific Performance of Land Agreement: Balwant Vithal Kadam vs. Sunil Baburao Kadam (2017)

LEGAL ISSUE: Whether an agreement to sell land can be specifically enforced despite challenges related to land fragmentation and cooperative society regulations. CASE TYPE: Civil (Specific Performance) Case Name: Balwant Vithal Kadam vs. Sunil Baburao Kadam Judgment Date: 05 December 2017 Date of the Judgment: 05 December 2017 Citation: (2017) INSC 1034 Judges: Abhay Manohar

Supreme Court Upholds Specific Performance of Land Agreement: Balwant Vithal Kadam vs. Sunil Baburao Kadam (2017) Read Post »

Supreme Court Remands Property Dispute Case for Fresh Hearing: C. Venkata Swamy vs. H.N. Shivanna (2017)

LEGAL ISSUE: The core legal issue revolves around the proper procedure for a first appellate court to follow when reviewing a trial court’s decision, specifically regarding the need for a thorough re-evaluation of evidence and issues. CASE TYPE: Civil Appeal (Property Dispute) Case Name: C. Venkata Swamy vs. H.N. Shivanna(D) by L.R. & Anr. Etc.

Supreme Court Remands Property Dispute Case for Fresh Hearing: C. Venkata Swamy vs. H.N. Shivanna (2017) Read Post »

Supreme Court Upholds Oral Partition in Family Property Dispute: Nanjegowda vs. Ramegowda (2017)

LEGAL ISSUE: Whether an oral partition of ancestral property, acted upon for decades, can be the basis for a declaration of ownership and injunction against other family members. CASE TYPE: Civil Property Dispute Case Name: Nanjegowda @ Gowda (D) by LRs. & Anr. vs. Ramegowda Judgment Date: 04 December 2017 Date of the Judgment: 04

Supreme Court Upholds Oral Partition in Family Property Dispute: Nanjegowda vs. Ramegowda (2017) Read Post »

Supreme Court directs allotment of flat to appellant in housing dispute: Daulat Singh Rathore vs. Rajasthan Housing Board (2017)

LEGAL ISSUE: Whether the appellant was entitled to allotment of a flat by the Rajasthan Housing Board after a protracted dispute. CASE TYPE: Housing/Consumer Dispute Case Name: Daulat Singh Rathore vs. Rajasthan Housing Board Judgment Date: 04 December 2017 Introduction Date of the Judgment: 04 December 2017 Citation: Not Available Judges: Abhay Manohar Sapre, J.

Supreme Court directs allotment of flat to appellant in housing dispute: Daulat Singh Rathore vs. Rajasthan Housing Board (2017) Read Post »

Supreme Court Clarifies No-Fault Liability Under Section 163A of Motor Vehicles Act: United India Insurance Co. Ltd. vs. Sunil Kumar & Anr. (24 November 2017)

LEGAL ISSUE: Whether an insurer can raise a defense of negligence in a claim under Section 163A of the Motor Vehicles Act, 1988. CASE TYPE: Motor Accident Claims Case Name: United India Insurance Co. Ltd. vs. Sunil Kumar & Anr. Judgment Date: 24 November 2017 Introduction Date of the Judgment: 24 November 2017 Citation: (2017)

Supreme Court Clarifies No-Fault Liability Under Section 163A of Motor Vehicles Act: United India Insurance Co. Ltd. vs. Sunil Kumar & Anr. (24 November 2017) Read Post »

Supreme Court Orders Fresh Auction for Mumbai Land Dispute: Jaykrishna Industries vs. State of Maharashtra (2017)

LEGAL ISSUE: Whether a government body can privately negotiate the sale of public land after a public auction process has commenced and a change in land use has occurred. CASE TYPE: Civil (Land Auction Dispute) Case Name: Jaykrishna Industries Ltd. vs. State of Maharashtra and Others [Judgment Date]: November 13, 2017 Introduction Date of the

Supreme Court Orders Fresh Auction for Mumbai Land Dispute: Jaykrishna Industries vs. State of Maharashtra (2017) Read Post »

Supreme Court Orders Fresh Auction for Mumbai Land Dispute: Jaykrishna Industries vs. State of Maharashtra (2017)

LEGAL ISSUE: Whether a government body can privately negotiate the settlement of land after a public auction process has begun. CASE TYPE: Land auction dispute. Case Name: Jaykrishna Industries Ltd. vs. State of Maharashtra and Others. Judgment Date: 13 November 2017 Can a government body bypass a public auction and privately settle land with a

Supreme Court Orders Fresh Auction for Mumbai Land Dispute: Jaykrishna Industries vs. State of Maharashtra (2017) Read Post »

Supreme Court Upholds Mortgage Validity, Overturns High Court Order in Property Sale Dispute

Can a High Court invalidate a property sale based on a belated challenge to the mortgage’s validity? The Supreme Court of India recently addressed this question, overturning a High Court decision that had set aside a sale certificate. The case involved a dispute over a property sale where the validity of the underlying mortgage was

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