Property Law

Supreme Court Upholds Property Rights of Grandson over Granddaughter in Ancestral Property Dispute: Radha Bai vs. Ram Narayan (22 November 2019)

/ A.M. Khanwilkar, Coparcenary Property, Dinesh Maheshwari, Hindu Law, Hindu Law with Section 6, Hindu Succession Act, 1956, Hindu Succession Act, 1956, Judges, Partition of Property, Property Law, Property Rights, Transfer of Property

Supreme Court Upholds Property Rights of Grandson over Granddaughter in Ancestral Property Dispute: Radha Bai vs. Ram Narayan (2019) LEGAL ISSUE: The case addresses the devolution of ancestral property under Hindu law, specifically concerning the rights of a granddaughter whose father predeceased his grandfather, in light of the Hindu Succession Act, 1956. CASE TYPE: Civil […]

Supreme Court Upholds Property Rights of Grandson over Granddaughter in Ancestral Property Dispute: Radha Bai vs. Ram Narayan (22 November 2019) Read Post »

Supreme Court directs fresh consideration of additional lease premium: CIDCO vs. Lambda Therapeutic Research Ltd. (2019)

/ A.S. Bopanna, Additional Lease Premium, Bonafide Purchaser, Hrishikesh Roy, Judges, Lease Agreement, New Bombay Disposal of Land Regulations, 1975, Property Law, R. Banumathi, Regulation 6, New Bombay Disposal of Land Regulations, 1975, Regulation 7, New Bombay Disposal of Land Regulations, 1975

Supreme Court directs fresh consideration of additional lease premium: CIDCO vs. Lambda Therapeutic Research Ltd. (2019) Date of the Judgment: November 6, 2019 Citation: 2019 INSC 1314 Judges: R. Banumathi, A.S. Bopanna, and Hrishikesh Roy, JJ. Can a statutory body demand additional lease premium without proper procedure and consideration of factual details? The Supreme Court

Supreme Court directs fresh consideration of additional lease premium: CIDCO vs. Lambda Therapeutic Research Ltd. (2019) Read Post »

Supreme Court Upholds Lessor’s Right to Forfeit Lease in Liquidation Case: Stressed Assets Stabilization Fund vs. West Bengal Small Ind. Development Corporation Ltd. (21 October 2019)

/ Arun Mishra, Company Law, Company Law with Section 535, Judges, Lease Agreements, Liquidation, Mortgage Rights, Property Law, S. Ravindra Bhat, Vineet Saran

Supreme Court Upholds Lessor’s Right to Forfeit Lease in Liquidation Case: Stressed Assets Stabilization Fund vs. West Bengal Small Ind. Development Corporation Ltd. (2019) LEGAL ISSUE: Whether a mortgagee of leasehold rights can claim superior rights over the lessor when the lease has been validly terminated due to the lessee’s breach of lease conditions. CASE

Supreme Court Upholds Lessor’s Right to Forfeit Lease in Liquidation Case: Stressed Assets Stabilization Fund vs. West Bengal Small Ind. Development Corporation Ltd. (21 October 2019) Read Post »

Supreme Court Upholds Civil Court Jurisdiction in Property Damage Cases: M. Hariharasudhan vs. R. Karmegam (2019)

/ Ajay Rastogi, Civil Law, Civil Procedure, Judges, Mohan M. Shantanagoudar, Property Law, Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 with Section 14, Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 with Section 7

Supreme Court Upholds Civil Court Jurisdiction in Property Damage Cases: M. Hariharasudhan vs. R. Karmegam (2019) LEGAL ISSUE: Whether the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, excludes the jurisdiction of civil courts in cases of property damage. CASE TYPE: Civil Law, Property Damage Case Name: M. Hariharasudhan vs. R. Karmegam and

Supreme Court Upholds Civil Court Jurisdiction in Property Damage Cases: M. Hariharasudhan vs. R. Karmegam (2019) Read Post »

Supreme Court Reverses Adverse Possession Claim: Brijesh Kumar vs. Shardabai (2019)

/ Adverse Possession, Civil Law, Indira Banerjee, Judges, Madhya Pradesh Land Revenue Code, 1959, Madhya Pradesh Land Revenue Code, 1959 with Section 115, Madhya Pradesh Land Revenue Code, 1959 with Section 117, Navin Sinha, Property Law

Supreme Court Reverses Adverse Possession Claim: Brijesh Kumar vs. Shardabai (2019) LEGAL ISSUE: Whether the plaintiff had perfected title by adverse possession. CASE TYPE: Civil Law – Property Dispute Case Name: Brijesh Kumar and Another vs. Shardabai (Dead) By Lrs. and Others [Judgment Date]: October 1, 2019 Date of the Judgment: October 1, 2019 Citation:

Supreme Court Reverses Adverse Possession Claim: Brijesh Kumar vs. Shardabai (2019) Read Post »

Supreme Court Upholds Adverse Possession Claim in Property Dispute: Krishnamurthy Setlur vs. O.V. Narasimha Setty (26 September 2019)

/ Adverse Possession, Aniruddha Bose, Deepak Gupta, Judges, Limitation Act, 1963, Limitation Act, 1963 with Adverse Possession, Property Disputes, Property Law

Supreme Court Upholds Adverse Possession Claim: Krishnamurthy Setlur vs. O.V. Narasimha Setty (2019) Date of the Judgment: 26 September 2019 Citation: (2019) INSC 949 Judges: Deepak Gupta, J., Aniruddha Bose, J. Can a person who is not the original owner of a property claim ownership through adverse possession? The Supreme Court of India addressed this

Supreme Court Upholds Adverse Possession Claim in Property Dispute: Krishnamurthy Setlur vs. O.V. Narasimha Setty (26 September 2019) Read Post »

Supreme Court Allows Amendment of Plaint to Include Necessary Party in Property Dispute: Kamlesh Gupta vs. Mangat Rai (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order I Rule 10, Code of Civil Procedure, 1908 with Order VI Rule 17, Code of Civil Procedure, 1908 with Section 151, Indira Banerjee, Judges, Mohan M. Shantanagoudar, Mortgage, Possession, Property Law

Supreme Court Allows Amendment of Plaint to Include Necessary Party in Property Dispute: Kamlesh Gupta vs. Mangat Rai (2019) LEGAL ISSUE: Whether a court can allow the amendment of a plaint to include a necessary party after the commencement of the trial. CASE TYPE: Civil Property Dispute Case Name: Kamlesh Gupta vs. Mangat Rai &

Supreme Court Allows Amendment of Plaint to Include Necessary Party in Property Dispute: Kamlesh Gupta vs. Mangat Rai (2019) Read Post »

Supreme Court Upholds Landlord’s Eviction Claim for Personal Use: D. Sasi Kumar vs. Soundararajan (2019)

/ A.S. Bopanna, Eviction, Judges, Property Law, R. Banumathi, Rent Control, Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 with Section 10(3)(a)(iii), Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 with Section 14(1)(b)

Supreme Court Upholds Landlord’s Eviction Claim for Personal Use: D. Sasi Kumar vs. Soundararajan (2019) LEGAL ISSUE: Whether a landlord’s claim for eviction for personal use is valid, and what is the relevant date for assessing this requirement. CASE TYPE: Rent Control / Property Law Case Name: D. Sasi Kumar vs. Soundararajan [Judgment Date]: September

Supreme Court Upholds Landlord’s Eviction Claim for Personal Use: D. Sasi Kumar vs. Soundararajan (2019) Read Post »

Supreme Court Sets Aside High Court Order on Burden of Proof in Property Dispute: Ali Hussain vs. Rabiya (2019)

/ Ajay Rastogi, Burden of Proof, Civil Law, Evidence Law, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Property Law

Supreme Court Sets Aside High Court Order on Burden of Proof in Property Dispute: Ali Hussain vs. Rabiya (2019) LEGAL ISSUE: Determining the burden of proof in cases involving alleged fraudulent property transactions, particularly when the transferor claims to be an illiterate woman. CASE TYPE: Civil Property Dispute Case Name: Ali Hussain (D) Through Lrs

Supreme Court Sets Aside High Court Order on Burden of Proof in Property Dispute: Ali Hussain vs. Rabiya (2019) Read Post »

Tenant’s Right to Appeal Ownership: Supreme Court Decision in Mohan Chandra Tamta vs. Ali Ahmad (2019)

/ Aniruddha Bose, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 41, Deepak Gupta, Judges, Mortgage Law, Property Law, Tenancy Rights, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58

Tenant’s Right to Appeal Ownership: Supreme Court Decision in Mohan Chandra Tamta vs. Ali Ahmad (2019) LEGAL ISSUE: Can a tenant appeal a court’s finding on property ownership when the claimed owner (mortgagee) has not challenged that finding? CASE TYPE: Civil Law – Property Dispute Case Name: Mohan Chandra Tamta (Dead) Thr. Lrs. vs. Ali

Tenant’s Right to Appeal Ownership: Supreme Court Decision in Mohan Chandra Tamta vs. Ali Ahmad (2019) Read Post »

Supreme Court clarifies “Specific Endowment” under Tamil Nadu Hindu Religious Act: M.J. Thulasiraman vs. Commissioner (2019)

/ Ajay Rastogi, Endowment, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Private Trusts, Property Law, Public Trusts, Religious Charity, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 with Section 6(16), Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 with Section 6(19)

Supreme Court Clarifies “Specific Endowment” under Tamil Nadu Hindu Religious Act: M.J. Thulasiraman vs. Commissioner (2019) LEGAL ISSUE: Interpretation of “specific endowment” under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. CASE TYPE: Religious and Charitable Endowments Law Case Name: M.J. Thulasiraman and Another vs. The Commissioner, Hindu Religious & Charitable Endowment Administration

Supreme Court clarifies “Specific Endowment” under Tamil Nadu Hindu Religious Act: M.J. Thulasiraman vs. Commissioner (2019) Read Post »

Supreme Court Upholds Civil Court Jurisdiction in Property Deed Cancellation Cases: Narendra Kumar Mittal & Ors. vs. M/S Nupur Housing Development Pvt. Ltd. (2019) INSC 712 (31 July 2019)

/ Fraud, Judges, Jurisdiction of Courts, Land Disputes, N.V. Ramana, Property Law, S. Abdul Nazeer, Sale Deed, U.P. Zamindari Abolition and Land Reforms Act, 1950, U.P. Zamindari Abolition and Land Reforms Act, 1950 with Section 331

Supreme Court Upholds Civil Court Jurisdiction in Property Deed Cancellation Cases LEGAL ISSUE: Whether a civil court has jurisdiction to hear a suit for cancellation of a sale deed for agricultural land when the plaintiff is a recorded tenure holder. CASE TYPE: Civil Law, Property Law Case Name: Narendra Kumar Mittal & Ors. vs. M/S

Supreme Court Upholds Civil Court Jurisdiction in Property Deed Cancellation Cases: Narendra Kumar Mittal & Ors. vs. M/S Nupur Housing Development Pvt. Ltd. (2019) INSC 712 (31 July 2019) Read Post »

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