Supreme Court overturns High Court in land dispute case: The Tehsildar vs. Ganga Bai (2024) LEGAL ISSUE: Whether a suit for permanent injunction is maintainable without seeking a declaration of title when the title of the property is disputed. CASE TYPE: Civil Law, Property Dispute Case Name: The Tehsildar, Urban Improvement Trust and Anr. vs. […]
Supreme Court Stays Injunction in Copyright and Passing Off Dispute: Brihan Karan Sugar Syndicate vs. Yashwantrao Mohite (2023) LEGAL ISSUE: Whether a High Court can stay a decree of permanent injunction granted by a trial court in a case of copyright infringement and passing off. CASE TYPE: Intellectual Property (Copyright and Trademark/Passing Off) Case Name:
Supreme Court Partially Allows Appeal, Modifies Injunction in Property Dispute: Developer Group India Pvt. Ltd. vs. Surinder Singh Marwah (2023) LEGAL ISSUE: Whether a blanket injunction on all properties of a company is justified when the claim is for a smaller amount and the company is not directly related to the company under liquidation. CASE
Supreme Court clarifies the status of residents in old age homes as licensees: Samarpan Varishtha Jan Parisar vs. Rajendra Prasad Agarwal (2022) Date of the Judgment: May 6, 2022 Citation: 2022 INSC 447 Judges: Hemant Gupta, J. and V. Ramasubramanian, J. Can residents of an old age home claim a right to stay there indefinitely?
Supreme Court Restrains Injunction Against True Owner: Padhiyar Prahladji Chenaji vs. Maniben Jagmalbhai (2022) LEGAL ISSUE: Whether a person who has lost a title dispute can still obtain an injunction against the true owner of the property. CASE TYPE: Civil Case Name: Padhiyar Prahladji Chenaji (Deceased) Through L.R.s vs. Maniben Jagmalbhai (Deceased) Through L.R.s and
Supreme Court clarifies the scope of Section 34 of the Specific Relief Act in property disputes: Akkamma vs Vemavathi (2021) INSC 724 LEGAL ISSUE: Whether a suit for declaration of title is maintainable when the plaintiff fails to prove possession but has claimed consequential relief of injunction. CASE TYPE: Property Law, Civil Case Name: Akkamma
Supreme Court Upholds Dismissal of Injunction Suit Due to Lack of Proven Possession: Balasubramanian vs. M. Arockiasamy (2021) LEGAL ISSUE: Whether a suit for a bare injunction is maintainable when the plaintiff’s title is disputed and they fail to prove their possession of the suit property. CASE TYPE: Civil Law – Property Dispute Case Name:
Supreme Court Upholds Injunction Based on Established Possession: A.Subramanian vs. R. Pannerselvam (2021) LEGAL ISSUE: Whether a suit for permanent injunction can be decreed solely based on the plaintiff’s established possession, without delving into the complexities of title, especially when the defendant has previously failed in litigation concerning the same property. CASE TYPE: Civil Law
Supreme Court overturns contempt order in trademark case: U.C. Surendranath vs. Mambally’s Bakery (2019) LEGAL ISSUE: Whether there was willful disobedience of an interim injunction order warranting punishment under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908. CASE TYPE: Civil Contempt Case Name: U.C. Surendranath vs. Mambally’s Bakery Judgment Date: 22 July
Supreme Court overturns injunction in property dispute: Balkrishna vs. Balkrishna (2019) LEGAL ISSUE: Whether a permanent injunction can be granted to a person who has not proven actual possession of the property and has not paid rent. CASE TYPE: Civil dispute regarding property and tenancy rights. Case Name: Balkrishna Dattatraya Galande vs. Balkrishna Rambharose Gupta
Supreme Court overturns injunction in property dispute: Balkrishna vs. Balkrishna (2019) Read Post »
Supreme Court clarifies the application of Section 144 of CPC in restitution cases: Murti Bhawani Mata Mandir vs. Rajesh (2019) INSC 37 Date of the Judgment: 21 January 2019 Citation: (2019) INSC 37 Judges: Dr. Dhananjaya Y. Chandrachud, J. and Hemant Gupta, J. Can a party seek restitution of property under Section 144 of the
Supreme Court Upholds Dismissal of Delay Condonation in Property Dispute: Mohd. Sahid vs. Raziya Khanam (2018) Date of the Judgment: October 10, 2018 Citation: (2018) INSC 910 Judges: R. Banumathi, J., Indira Banerjee, J. Can a party who was aware of court proceedings claim ignorance to justify a delay in filing an appeal? The Supreme
