Property Law

Supreme Court Restores Consent Decree in Property Dispute: Hemantha Kumar vs. R. Mahadevaiah (2022)

Supreme Court Restores Consent Decree in Property Dispute: Hemantha Kumar vs. R. Mahadevaiah (2022) Date of the Judgment: July 11, 2022 Citation: Civil Appeal No. 4108 of 2022 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can a consent decree, agreed upon by all parties and initially approved by a trial court, be overturned simply […]

Supreme Court Restores Consent Decree in Property Dispute: Hemantha Kumar vs. R. Mahadevaiah (2022) Read Post »

Supreme Court Upholds Striking Off Defence for Non-Payment of Rent: Asha Rani Gupta vs. Vineet Kumar (2022)

Supreme Court Upholds Striking Off Defence for Non-Payment of Rent: Asha Rani Gupta vs. Vineet Kumar (2022) LEGAL ISSUE: Whether a tenant’s defense can be struck off for failing to deposit rent as per Order XV Rule 5 of the Code of Civil Procedure, 1908, even if the tenant denies the landlord-tenant relationship. CASE TYPE:

Supreme Court Upholds Striking Off Defence for Non-Payment of Rent: Asha Rani Gupta vs. Vineet Kumar (2022) Read Post »

Supreme Court Refuses to Transfer Arbitration Case Based on Territorial Jurisdiction: Neilan International Co. Ltd. vs. Powerica Limited & Ors. (2022)

Supreme Court Refuses to Transfer Arbitration Case Based on Territorial Jurisdiction Date of the Judgment: July 6, 2022 Judges: J.K. Maheshwari, J. Can the Supreme Court transfer a case based on a challenge to the territorial jurisdiction of a lower court? The Supreme Court recently addressed this question in a transfer petition related to an

Supreme Court Refuses to Transfer Arbitration Case Based on Territorial Jurisdiction: Neilan International Co. Ltd. vs. Powerica Limited & Ors. (2022) Read Post »

Supreme Court Upholds Inheritance Rights Based on Proven Will: Aman Sharma vs. Umesh (2022)

Supreme Court Upholds Inheritance Rights Based on Proven Will: Aman Sharma vs. Umesh (2022) LEGAL ISSUE: Validity of property transfer based on wills and inheritance rights. CASE TYPE: Civil Property Dispute Case Name: Aman Sharma & Anr. vs. Umesh & Ors. Judgment Date: 05 July 2022 Introduction Date of the Judgment: 05 July 2022 Citation:

Supreme Court Upholds Inheritance Rights Based on Proven Will: Aman Sharma vs. Umesh (2022) Read Post »

Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022)

Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022) LEGAL ISSUE: Whether the termination of a mining lease is justified without sufficient evidence of illegal mining activities by the leaseholder. CASE TYPE: Mining Law, Contract Law, Administrative Law Case Name: M/s Haryana Mining Company

Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022) Read Post »

Supreme Court clarifies the status of residents in old age homes as licensees: Samarpan Varishtha Jan Parisar vs. Rajendra Prasad Agarwal (2022)

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 clarifies the status of residents in old age homes as licensees: Samarpan Varishtha Jan Parisar vs. Rajendra Prasad Agarwal (2022) Read Post »

Supreme Court Reverses Pre-emption Order Due to Non-Compliance with Deposit Rules: Abdul Matin Mallick vs. Subrata Bhattacharjee (2022)

Supreme Court Reverses Pre-emption Order Due to Non-Compliance with Deposit Rules: Abdul Matin Mallick vs. Subrata Bhattacharjee (2022) LEGAL ISSUE: Whether the deposit of the entire sale consideration along with an additional 10% is a mandatory pre-condition for a pre-emption application to be maintainable under the West Bengal Land Reforms Act, 1955. CASE TYPE: Land

Supreme Court Reverses Pre-emption Order Due to Non-Compliance with Deposit Rules: Abdul Matin Mallick vs. Subrata Bhattacharjee (2022) Read Post »

Supreme Court Upholds Right to Compensation for Land Used in Road Construction: Kalyani vs. Sulthan Bathery Municipality (2022)

Supreme Court Upholds Right to Compensation for Land Used in Road Construction: Kalyani vs. Sulthan Bathery Municipality (2022) LEGAL ISSUE: Whether a landowner is entitled to compensation when their land is used for public road construction without formal acquisition. CASE TYPE: Civil Law, Property Rights. Case Name: Kalyani (Dead) Through Lrs. & Ors. vs. The

Supreme Court Upholds Right to Compensation for Land Used in Road Construction: Kalyani vs. Sulthan Bathery Municipality (2022) Read Post »

Supreme Court Upholds Customary Law on Inheritance: Kaithuami vs. Ralliani (26 April 2022)

Supreme Court Upholds Customary Law on Inheritance: Kaithuami vs. Ralliani (2022) Date of the Judgment: 26 April 2022 Citation: (2022) INSC 438 Judges: L. Nageswara Rao, J., B.R. Gavai, J. Can customary laws override general inheritance principles? The Supreme Court of India recently addressed this question in a case concerning the Mizo Customary Law of

Supreme Court Upholds Customary Law on Inheritance: Kaithuami vs. Ralliani (26 April 2022) Read Post »

Supreme Court Upholds Restriction on Karta’s Power to Gift Joint Family Property: K.C. Laxmana vs. K.C. Chandrappa Gowda (2022)

Supreme Court Upholds Restriction on Karta’s Power to Gift Joint Family Property: K.C. Laxmana vs. K.C. Chandrappa Gowda (2022) LEGAL ISSUE: Whether a Karta (manager) of a Hindu Undivided Family (HUF) can gift ancestral property to a non-coparcener out of love and affection. CASE TYPE: Civil Law – Property Rights Case Name: K.C. Laxmana vs.

Supreme Court Upholds Restriction on Karta’s Power to Gift Joint Family Property: K.C. Laxmana vs. K.C. Chandrappa Gowda (2022) Read Post »

Supreme Court Upholds Landlord’s Eviction Rights: Abid-ul-Islam vs. Inder Sain Dua (2022)

Supreme Court Upholds Landlord’s Eviction Rights: Abid-ul-Islam vs. Inder Sain Dua (2022) LEGAL ISSUE: Scope of revisional powers of High Court under Delhi Rent Control Act, 1958, in eviction cases. CASE TYPE: Property Law, Rent Control Case Name: Abid-ul-Islam vs. Inder Sain Dua [Judgment Date]: April 7, 2022 Introduction Date of the Judgment: April 7,

Supreme Court Upholds Landlord’s Eviction Rights: Abid-ul-Islam vs. Inder Sain Dua (2022) Read Post »

Supreme Court rules on housing transfer dispute due to name discrepancies: A. Venugopal vs. Telangana Housing Board (2022)

Supreme Court rules on housing transfer dispute due to name discrepancies: A. Venugopal vs. Telangana Housing Board (2022) LEGAL ISSUE: Whether a housing board can deny transfer of property based on minor discrepancies in the name of the original allottee, especially after decades of possession and payments by the family. CASE TYPE: Property Law, Housing

Supreme Court rules on housing transfer dispute due to name discrepancies: A. Venugopal vs. Telangana Housing Board (2022) Read Post »

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