Property Law

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 Identifies Land Parcel in Andhra Pradesh Land Dispute: Government of Andhra Pradesh vs. Grace Sathyavathy Shashikant (2019)

/ Civil Law, Constitutional Law, Constitutional Law with Article 142, Judges, K.M. Joseph, Land Law, Property Disputes, R.F. Nariman, Urban Land (Ceiling and Regulation) Act, 1976, V. Ramasubramanian

Supreme Court Identifies Land Parcel in Andhra Pradesh Land Dispute: Government of Andhra Pradesh vs. Grace Sathyavathy Shashikant (2019) LEGAL ISSUE: Identification of a specific land parcel and its rightful ownership in a long-standing dispute. CASE TYPE: Civil Dispute, Land Law. Case Name: The Government of Andhra Pradesh & Ors. vs. Grace Sathyavathy Shashikant &

Supreme Court Identifies Land Parcel in Andhra Pradesh Land Dispute: Government of Andhra Pradesh vs. Grace Sathyavathy Shashikant (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 Clarifies Mutawalli Succession in Wakf Property Dispute: Syeda Nazira Khatoon vs. Syed Zahiruddin Ahmed Baghdadi (2019)

/ Ajay Rastogi, Judges, Mohammedan Law, Mohan M. Shantanagoudar, Mutawalli, N.V. Ramana, Principles of Mohammedan Law, Wakf Deed, Wakf Law, Wakf Law with Wakf Act 1995

Supreme Court Clarifies Mutawalli Succession in Wakf Property Dispute: Syeda Nazira Khatoon vs. Syed Zahiruddin Ahmed Baghdadi (2019) LEGAL ISSUE: Whether a mutawalli can transfer their office via a trust deed, and whether female descendants can inherit the mutawalliship of a Wakf. CASE TYPE: Wakf Law/Property Law Case Name: Syeda Nazira Khatoon (D) by LR.

Supreme Court Clarifies Mutawalli Succession in Wakf Property Dispute: Syeda Nazira Khatoon vs. Syed Zahiruddin Ahmed Baghdadi (2019) Read Post »

Supreme Court clarifies succession of Mutawalli in Waqf: Md. Abrar vs. Meghalaya Board of Wakf (26 September 2019)

/ Ajay Rastogi, Indian Succession Act, 1925, Indian Succession Act, 1925 with Section 25, Judges, Lineal Consanguinity, Mohan M. Shantanagoudar, Mutawalli, N.V. Ramana, Waqf Law, Waqf Law with Section 63

Supreme Court Clarifies Mutawalli Succession in Waqf Properties: Md. Abrar vs. Meghalaya Board of Wakf (2019) LEGAL ISSUE: Determining the rightful succession of a mutawalli in a Waqf property, specifically concerning descendants through the female line. CASE TYPE: Waqf Law Case Name: Md. Abrar vs. Meghalaya Board of Wakf & Anr. [Judgment Date]: 26 September

Supreme Court clarifies succession of Mutawalli in Waqf: Md. Abrar vs. Meghalaya Board of Wakf (26 September 2019) Read Post »

Supreme Court clarifies discretionary power of Rent Controller in striking out tenant’s defence in eviction cases: Dina Nath vs. Subhash Chand Saini (24 September 2019)

/ Ajay Rastogi, Arun Mishra, Delhi Rent Control Act, 1958, Delhi Rent Control Act, 1958 with Section 15(1), Delhi Rent Control Act, 1958 with Section 15(7), Eviction, Eviction Proceedings, Judges, M.R. Shah, Rent Control Law, Rent Payment, Tenant Protection

Supreme Court on Discretionary Power of Rent Controller in Striking Out Tenant’s Defence: Dina Nath vs. Subhash Chand Saini (2019) Date of the Judgment: 24 September 2019 Citation: Dina Nath (D) By Lrs & Anr. vs Subhash Chand Saini & Ors. CIVIL APPEAL NO(s). 4563 OF 2014 Judges: Arun Mishra, J., M.R. Shah, J., Ajay

Supreme Court clarifies discretionary power of Rent Controller in striking out tenant’s defence in eviction cases: Dina Nath vs. Subhash Chand Saini (24 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 »

Supreme Court Upholds Temple’s Land Rights: Sri Ganapathi Dev Temple Trust vs. Balakrishna Bhat (2019)

/ Ajay Rastogi, Judges, Karnataka Land Reforms Act, 1961, Karnataka Land Reforms Act, 1961 with Section 48A, Karnataka Land Reforms Act, 1961 with Section 77A, Karnataka Land Revenue Act, 1964, Karnataka Land Revenue Act, 1964 with Section 128, Karnataka Land Revenue Act, 1964 with Section 133, Mohan M. Shantanagoudar, N.V. Ramana, Record of Rights, Tenancy Rights

Supreme Court Upholds Temple’s Land Rights: Sri Ganapathi Dev Temple Trust vs. Balakrishna Bhat (2019) LEGAL ISSUE: Whether a person can claim land rights based on unauthorized occupation and construction, especially when previous claims as a tenant have been rejected. CASE TYPE: Property Law, Land Revenue Case Name: Sri Ganapathi Dev Temple Trust vs. Balakrishna

Supreme Court Upholds Temple’s Land Rights: Sri Ganapathi Dev Temple Trust vs. Balakrishna Bhat (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 »

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