Property Law Archives

Supreme Court overturns injunction in property dispute: Balkrishna vs. Balkrishna (2019)

February 6, 2019 / Injunction, Judges, Property Law, R. Banumathi, R. Subhash Reddy, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 38, Tenancy Rights

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 Upholds Small Causes Court Jurisdiction in Landlord-Tenant Disputes: Mahadev P Kambekar vs. Shree Krishna Woolen Mills (2019)

January 31, 2019 / Abhay Manohar Sapre, Judges, Landlord and Tenant, Lease Agreements, Presidency Small Cause Courts Act, 1882, Presidency Small Cause Courts Act, 1882 with Section 41, Property Law, R. Subhash Reddy

Supreme Court Upholds Small Causes Court Jurisdiction in Landlord-Tenant Disputes: Mahadev P Kambekar vs. Shree Krishna Woolen Mills (2019) LEGAL ISSUE: Whether a counter-claim for eviction and rent arrears is maintainable in a suit for specific performance of a lease agreement, given the jurisdiction of the Small Causes Court. CASE TYPE: Civil (Property Law, Lease

Supreme Court Upholds Small Causes Court Jurisdiction in Landlord-Tenant Disputes: Mahadev P Kambekar vs. Shree Krishna Woolen Mills (2019) Read Post »

Supreme Court Upholds Title Based on Sale Deeds Over Claim of Possessory Title in Property Dispute: Poona Ram vs. Moti Ram (29 January 2019)

January 29, 2019 / Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 64, Mohan M. Shantanagoudar, N.V. Ramana, Possessory Title, Property Law, Title Deeds

Supreme Court Upholds Title Based on Sale Deeds Over Claim of Possessory Title in Property Dispute Date of the Judgment: 29 January 2019 Citation: Civil Appeal No. 4527 of 2009 Judges: N.V. Ramana, J., Mohan M. Shantanagoudar, J. Can a person claim ownership of a property based solely on prior possession, even if they don’t

Supreme Court Upholds Title Based on Sale Deeds Over Claim of Possessory Title in Property Dispute: Poona Ram vs. Moti Ram (29 January 2019) Read Post »

Supreme Court clarifies the scope of “Note for Speaking to the Minutes” in property disputes: Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh & Ors vs Brijlal Tibrewal & Ors (2018) INSC 999 (14 December 2018)

December 14, 2018 / A.K. Sikri, Ashok Bhushan, Conveyance Deed, Judges, M. R. Shah, Maharashtra Ownership Flats Act, 1963, Maharashtra Ownership Flats Act, 1963 with Section 4, Note for Speaking to the Minutes, Property Law

Supreme Court clarifies the scope of “Note for Speaking to the Minutes” in property disputes: Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh & Ors vs Brijlal Tibrewal & Ors (2018) INSC 999 (14 December 2018) LEGAL ISSUE: Scope and limitations of “Note for Speaking to the Minutes” in court proceedings, particularly regarding modifications to final orders.

Supreme Court directs Civil Suit for Eviction in Property Dispute: Western Coalfields Ltd. vs. Ballapur Collieries (2018)

December 11, 2018 / Abhay Manohar Sapre, Eviction, Eviction under Public Premises (Eviction of Unauthorized Occupation) Act, 1971, Indu Malhotra, Judges, Property Law, Property Law with Civil Suit, Public Premises (Eviction of Unauthorized Occupation) Act, 1971

Supreme Court directs Civil Suit for Eviction in Property Dispute: Western Coalfields Ltd. vs. Ballapur Collieries (2018) LEGAL ISSUE: Whether eviction proceedings under the Public Premises (Eviction of Unauthorized Occupation) Act, 1971 are appropriate when complex factual disputes exist regarding property occupation. CASE TYPE: Property Law, Eviction Case Name: Western Coalfields Ltd. & Anr. vs.

Supreme Court directs Civil Suit for Eviction in Property Dispute: Western Coalfields Ltd. vs. Ballapur Collieries (2018) Read Post »

Supreme Court Reverses High Court Decision on Temple Property Dispute: Chairman, Board of Trustee vs. S. Rajyalaxmi (2018)

December 10, 2018 / Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966, Burden of Proof, Indian Evidence Act, Indian Evidence Act with Section 101, Indian Evidence Act with Section 103, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Property Dispute, Property Law, Property Law with Section 93(2)

Supreme Court Reverses High Court Decision on Temple Property Dispute: Chairman, Board of Trustee vs. S. Rajyalaxmi (2018) LEGAL ISSUE: Dispute over the ownership of property claimed by both a temple trust and private individuals. CASE TYPE: Civil Property Dispute Case Name: Chairman, Board of Trustee, Sri Ram Mandir Jagtial vs. S. Rajyalaxmi (Dead) &

Supreme Court Reverses High Court Decision on Temple Property Dispute: Chairman, Board of Trustee vs. S. Rajyalaxmi (2018) Read Post »

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

November 28, 2018 / Code of Civil Procedure, Code of Civil Procedure with Order 22 Rule 4, Judges, Mohan M. Shantanagoudar, MukeshKumar Rasikbhai Shah, N.V. Ramana, Property Law, Property Partition, Specific Performance, Wills

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 Settles Family Property Dispute through Mediation: Meenakshi Juneja vs. State of NCT of Delhi (2018)

November 26, 2018 / Civil Law, Civil Procedure, Family Law, Hemant Gupta, Judges, Kurian Joseph, Mediation, Property Law, Settlement

Supreme Court Settles Family Property Dispute through Mediation: Meenakshi Juneja vs. State of NCT of Delhi (2018) LEGAL ISSUE: Resolution of ancestral property rights through court-facilitated mediation. CASE TYPE: Civil (Property Dispute). Case Name: Meenakshi Juneja & Anr. vs. State of NCT of Delhi & Ors. Judgment Date: 26 November 2018 Introduction Date of the

Supreme Court Settles Family Property Dispute through Mediation: Meenakshi Juneja vs. State of NCT of Delhi (2018) Read Post »

Supreme Court Enhances Compensation for Lemon and Pomegranate Trees in Land Acquisition Cases

November 20, 2018 / Constitutional Law, Constitutional Law with Article 14, Deepak Gupta, Hemant Gupta, Judges, Kurian Joseph, Land Acquisition, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 4(1), Land Acquisition Compensation, Property Law, Supreme Court Judgments

Supreme Court Enhances Compensation for Lemon and Pomegranate Trees in Land Acquisition Cases LEGAL ISSUE: Determination of fair compensation for trees on land acquired by the government. CASE TYPE: Land Acquisition Case Name: D. Eswara Naidu & Ors. vs. The Special Deputy Collector (L.A) & Other Connected Matters Judgment Date: 20 November 2018 Introduction Date

Supreme Court Enhances Compensation for Lemon and Pomegranate Trees in Land Acquisition Cases Read Post »

Supreme Court Interprets Will, Grants 1/3rd Share in Property: Sivasankar V.K. vs. V.K. Sivan (2018)

November 2, 2018 / Inheritance Rights, Interpretation of Wills, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Partition of Property, Property Law, Schedule A Properties, Wills

Supreme Court Interprets Will, Grants 1/3rd Share in Property: Sivasankar V.K. vs. V.K. Sivan (2018) Date of the Judgment: November 2, 2018 Citation: 2018 INSC 1005 Judges: N.V. Ramana, J. and Mohan M. Shantanagoudar, J. Can a will be interpreted to grant a specific share of property to the legal representatives of a group of

Supreme Court Interprets Will, Grants 1/3rd Share in Property: Sivasankar V.K. vs. V.K. Sivan (2018) Read Post »

Supreme Court settles property dispute under Article 142: Vasudevan Embanthiri vs. Gopalakrishnan (2018)

October 25, 2018 / A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 142, Judges, Kurian Joseph, Property Dispute Resolution, Property Law, Settlement of Property Disputes

Supreme Court settles property dispute under Article 142: Vasudevan Embanthiri vs. Gopalakrishnan (2018) Date of the Judgment: October 25, 2018 Citation: Not Available in source Judges: Kurian Joseph, J. and A.M. Khanwilkar, J. Can a decades-long property dispute be resolved through the intervention of the Supreme Court, even against the wishes of one party? The

Supreme Court settles property dispute under Article 142: Vasudevan Embanthiri vs. Gopalakrishnan (2018) Read Post »

Supreme Court orders expedited trial on ancestral property dispute in specific performance case: Harnek Singh vs Hukam Chand (25 October 2018)

October 25, 2018 / A.M. Khanwilkar, Ancestral Property, Civil Law, Civil Law with Specific Performance of Contract, Joint Hindu Family, Judges, Kurian Joseph, Property Law, Property Law with Karta, Specific Performance

Supreme Court orders expedited trial on ancestral property dispute in specific performance case: Harnek Singh vs Hukam Chand (25 October 2018) LEGAL ISSUE: Whether a suit for specific performance should be decided when a related suit concerning the nature of the property is pending. CASE TYPE: Civil, Specific Performance, Property Law Case Name: Harnek Singh(Dead)

Supreme Court orders expedited trial on ancestral property dispute in specific performance case: Harnek Singh vs Hukam Chand (25 October 2018) Read Post »