Supreme Court Upholds Mandatory Injunction for Booth Possession: Madan Mohan Singh vs. Ved Prakash Arya (2021) LEGAL ISSUE: Whether a mandatory injunction can be issued to restore possession of a property to the original allottee when the occupant claims to be a tenant, but no tenancy is proven and the Chief Administrator has declared the […]
Supreme Court Clarifies Effect of Consent Decrees on Non-Signatory Parties: Chitralekha Builders vs. GIC Employees (2021) LEGAL ISSUE: Effect of consent decrees on parties not signatory to the consent terms. CASE TYPE: Civil Case Name: M/S. CHITRALEKHA BUILDERS & ANR. vs. G.I.C. EMPLOYEES SONAL VIHAR CO-OP. HOUSING SOCIETY LTD. & ANR. Judgment Date: March 1,
Supreme Court orders fresh consideration of property dispute: Narayan Sitaramji Badwaik vs. Bisaram (2021) INSC 71 LEGAL ISSUE: The proper procedure for a High Court to follow when dealing with a second appeal where the first appellate court has erred in its assessment of facts and law. CASE TYPE: Civil Case Name: Narayan Sitaramji Badwaik
Supreme Court Clarifies Refund of Court Fees in Private Settlements: High Court of Judicature at Madras vs. M.C. Subramaniam (2021) LEGAL ISSUE: Whether court fees are refundable when parties settle disputes privately without court-referred alternative dispute resolution. CASE TYPE: Civil Case Name: The High Court of Judicature at Madras vs. M.C. Subramaniam & ors. [Judgment
Supreme Court Modifies Consent Decree on Mesne Profits: Compack Enterprises India (P) Ltd. vs. Beant Singh (2021) LEGAL ISSUE: Interpretation of consent decrees and calculation of mesne profits. CASE TYPE: Civil Case Name: Compack Enterprises India (P) Ltd. vs. Beant Singh Judgment Date: 17 February 2021 Date of the Judgment: 17 February 2021 Citation: (2021)
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 Vacates Status Quo Order in Land Dispute: Hanumappa vs. State of Karnataka (2020) LEGAL ISSUE: Whether a status quo order should continue in a land dispute where a tenant’s claim is contested and the land’s nature has changed. CASE TYPE: Land Dispute/Tenancy Case Name: Hanumappa (Since Deceased) by His Lrs. & Ors. vs.
Supreme Court Upholds Arbitration Award in Dispute Over Restaurant License Agreements: Arun Kumar Kamal Kumar vs. Selected Marble Home (2020) LEGAL ISSUE: Whether an arbitrator was justified in awarding damages for use and occupation of premises based on commission, when the agreement did not explicitly provide for such damages. CASE TYPE: Arbitration Case Name: M/S
Supreme Court Transfers Divorce Case: Neetu Yadav vs. Sachin Yadav (2020) LEGAL ISSUE: Whether a divorce petition should be transferred to a court convenient for the wife, considering her dependency and the location of her children, or remain at the location where the husband resides and has filed the petition. CASE TYPE: Family Law –
Supreme Court Transfers Divorce Case: Neetu Yadav vs. Sachin Yadav (2020) Read Post »
Supreme Court Modifies Penalty on Stamp Duty, Addresses Subsequent Purchaser Liability: M/S. MSD Real Estate LLP vs. The Collector of Stamps (2020) LEGAL ISSUE: Whether a subsequent purchaser of a property is liable for the penalty imposed on the previous owner for stamp duty deficiency, and the validity of cancelling building permissions due to outstanding
Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377 Date of the Judgment: July 09, 2020 Citation: (2020) INSC 377 Judges: L. Nageswara Rao, J., Indu Malhotra, J. Can a sale deed be cancelled years after its execution, merely on the ground that the full
Supreme Court Upholds Land Acquisition: Kapilaben Ambalal Patel vs. State of Gujarat (2020) Date of the Judgment: 6 May 2020 Citation: Civil Appeal No. 6380 of 2012 Judges: A.M. Khanwilkar, J., Dinesh Maheshwari, J. Can a land acquisition be challenged after a significant delay, especially when the authorities claim to have taken possession years prior?
