Property Law

Supreme Court Upholds Injunction Based on Possession: Sunkamma vs. S. Pushparaj (2017)

/ Civil Law, General Power of Attorney, Injunction, Judges, Possession, Property Law, R. Banumathi, R.K. Agrawal, Suits, Transfer of Property Act, 1882

LEGAL ISSUE: Whether a permanent injunction can be granted based on possession of property supported by a General Power of Attorney, even without a registered sale deed. CASE TYPE: Civil (Property Law) Case Name: Sunkamma (D) by LRs. vs. S. Pushparaj (D) by LRs. Judgment Date: 14 December 2017 Date of the Judgment: 14 December […]

Supreme Court Upholds Injunction Based on Possession: Sunkamma vs. S. Pushparaj (2017) Read Post »

Supreme Court Upholds Co-Bhumidari Rights in Land Dispute: Vijay Kumar vs. Bal Krishan (2017)

/ Civil Law, Judges, Land Dispute, Land Revenue, Navin Sinha, R.K. Agrawal, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 with Section 176, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 with Section 229(B)

LEGAL ISSUE: Determination of co-bhumidari rights in jointly purchased land. CASE TYPE: Civil Law – Land Revenue Dispute Case Name: Vijay Kumar and Another vs. Bal Krishan and Others [Judgment Date]: December 8, 2017 Introduction Date of the Judgment: December 8, 2017 Citation: (2017) INSC 999 Judges: R.K. Agrawal, J., Navin Sinha, J. Can a

Supreme Court Upholds Co-Bhumidari Rights in Land Dispute: Vijay Kumar vs. Bal Krishan (2017) Read Post »

Supreme Court Clarifies Stamp Duty on Toll Collection Contracts: Nasiruddin vs. State of Uttar Pradesh (2017)

/ Abhay Manohar Sapre, Contract Law, Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 2(12), Indian Stamp Act, 1899 with Section 2(14), Indian Stamp Act, 1899 with Section 2(16), Judges, Lease Agreements, License Agreements, Navin Sinha

LEGAL ISSUE: Whether contracts for the collection of “Tehbazari” and parking fees are considered leases under the Indian Stamp Act, 1899, and therefore subject to stamp duty as leases. CASE TYPE: Stamp Duty, Contract Law Case Name: Nasiruddin & Anr. Etc. vs. The State of Uttar Pradesh through Secretary & Ors. [Judgment Date]: 06 December

Supreme Court Clarifies Stamp Duty on Toll Collection Contracts: Nasiruddin vs. State of Uttar Pradesh (2017) Read Post »

Supreme Court clarifies property tax as rent for eviction under Delhi Rent Control Act: Atma Ram Properties vs. Oriental Insurance (2017) INSC 989 (06 December 2017)

/ Delhi Rent Control Act, 1958, Delhi Rent Control Act, 1958 with Section 7(2), Eviction, J. Chelameswar, Judges, New Delhi Municipal Council Act, 1994, New Delhi Municipal Council Act, 1994 with Section 411, New Delhi Municipal Council Act, 1994 with Section 67(3), Premises, S. Abdul Nazeer

Date of the Judgment: 06 December 2017 Citation: (2017) INSC 989 Judges: J. Chelameswar, S. Abdul Nazeer Can a landlord use the non-payment of property tax by a tenant, which the landlord is entitled to recover as rent, as grounds for eviction under the Delhi Rent Control Act, 1958? The Supreme Court of India addressed

Supreme Court clarifies property tax as rent for eviction under Delhi Rent Control Act: Atma Ram Properties vs. Oriental Insurance (2017) INSC 989 (06 December 2017) Read Post »

Supreme Court Upholds Oral Partition in Family Property Dispute: Nanjegowda vs. Ramegowda (2017)

/ Abhay Manohar Sapre, Adverse Possession, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Judges, Navin Sinha, Oral Partition, Property Law, Revenue Records

LEGAL ISSUE: Whether an oral partition of ancestral property, acted upon for decades, can be the basis for a declaration of ownership and injunction against other family members. CASE TYPE: Civil Property Dispute Case Name: Nanjegowda @ Gowda (D) by LRs. & Anr. vs. Ramegowda Judgment Date: 04 December 2017 Date of the Judgment: 04

Supreme Court Upholds Oral Partition in Family Property Dispute: Nanjegowda vs. Ramegowda (2017) Read Post »

Supreme Court directs allotment of flat to appellant in housing dispute: Daulat Singh Rathore vs. Rajasthan Housing Board (2017)

/ Abhay Manohar Sapre, Allotment of Flats, Housing Disputes, Judges, Navin Sinha, Rajasthan Housing Board Act, 1970

LEGAL ISSUE: Whether the appellant was entitled to allotment of a flat by the Rajasthan Housing Board after a protracted dispute. CASE TYPE: Housing/Consumer Dispute Case Name: Daulat Singh Rathore vs. Rajasthan Housing Board Judgment Date: 04 December 2017 Introduction Date of the Judgment: 04 December 2017 Citation: Not Available Judges: Abhay Manohar Sapre, J.

Supreme Court directs allotment of flat to appellant in housing dispute: Daulat Singh Rathore vs. Rajasthan Housing Board (2017) Read Post »

Supreme Court clarifies rules for withdrawal of suits under Order XXIII Rule 1 of the Code of Civil Procedure: Anil Kumar Singh vs. Vijay Pal Singh (2017)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXIII Rule 1, Judges, R.K. Agrawal, Withdrawal of Suit

LEGAL ISSUE: Interpretation of Order XXIII Rule 1 of the Code of Civil Procedure, 1908 regarding withdrawal of suits. CASE TYPE: Civil Procedure Case Name: Anil Kumar Singh vs. Vijay Pal Singh & Ors. [Judgment Date]: 30 November 2017 Introduction Date of the Judgment: 30 November 2017 Citation: Civil Appeal No. 20007 of 2017 (Arising

Supreme Court clarifies rules for withdrawal of suits under Order XXIII Rule 1 of the Code of Civil Procedure: Anil Kumar Singh vs. Vijay Pal Singh (2017) Read Post »

Supreme Court Relocates Mesne Profits Dispute in Eviction Case: Mukesh Seth vs. A.B. Lal and Sons (2017)

/ Civil Law, Eviction, Judges, Kurian Joseph, Mesne Profits, R. Banumathi

Date of the Judgment: November 16, 2017 Citation: Not Available in Source Judges: Kurian Joseph, J., R. Banumathi, J. Can the Supreme Court settle a dispute regarding mesne profits after the eviction process is complete? The Supreme Court of India addressed this question in a case involving a long-standing eviction dispute. The core issue revolved

Supreme Court Relocates Mesne Profits Dispute in Eviction Case: Mukesh Seth vs. A.B. Lal and Sons (2017) Read Post »

Supreme Court Orders Allotment of Shops at Appellants’ Risk: Om Prakash Dhabai vs. State of Rajasthan (2017)

/ Allotment Letter dated 6.5.1997, Allotment of Land, Civil Law, Jaipur Municipal Corporation, Judges, Kurian Joseph, R. Banumathi

Date of the Judgment: November 14, 2017 Citation: [Not Available in Source] Judges: Kurian Joseph, J., R. Banumathi, J. Can a court order the allotment of land despite potential conflicts with a master plan? The Supreme Court of India addressed this question in a case concerning the allotment of shop spaces. The Court allowed the

Supreme Court Orders Allotment of Shops at Appellants’ Risk: Om Prakash Dhabai vs. State of Rajasthan (2017) Read Post »

Supreme Court Upholds Dismissal of Suit Based on Unproven Agreement: Suresh Kumar vs. Anil Kakaria (2017)

/ Abhay Manohar Sapre, Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Judges, Limitation, Property Dispute, R.K. Agrawal, Specific Performance

LEGAL ISSUE: Whether a suit for declaration and mandatory injunction is maintainable based on an unproven agreement to sell and an unproven will. CASE TYPE: Civil Law – Property Dispute Case Name: Suresh Kumar through GPA vs. Anil Kakaria & Ors. Judgment Date: November 6, 2017 Introduction Date of the Judgment: November 6, 2017 Citation:

Supreme Court Upholds Dismissal of Suit Based on Unproven Agreement: Suresh Kumar vs. Anil Kakaria (2017) Read Post »

Supreme Court directs parties to approach Tribunal for Ecologically Fragile Land Dispute: L. Radhakrishnan vs. Parakulangara Devaswom (2017)

/ Ecologically Fragile Lands, Environmental Law, Judges, Kerala Forest Act, 2003, Kerala Forest Act, 2003 with Section 10, Kurian Joseph, Land Dispute, R. Banumathi

LEGAL ISSUE: Whether a land is ecologically fragile and whether the State can decline restoration of such land. CASE TYPE: Land Dispute, Environmental Law Case Name: L. Radhakrishnan vs. Parakulangara Devaswom & Anr. Judgment Date: 01 November 2017 Introduction Date of the Judgment: 01 November 2017 Citation: (2017) INSC 963 Judges: Justice Kurian Joseph and

Supreme Court directs parties to approach Tribunal for Ecologically Fragile Land Dispute: L. Radhakrishnan vs. Parakulangara Devaswom (2017) Read Post »

Supreme Court Upholds Ownership Rights, Rejects Adverse Possession Claim in Property Dispute

/ Abhay Manohar Sapre, Adverse Possession, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Judges, Property Law, R.K. Agrawal, Second Appeal

LEGAL ISSUE: Whether the defendant had successfully established a claim of adverse possession over a portion of the suit property. CASE TYPE: Civil Property Law Case Name: Narendra & Ors. vs. Ajabrao s/o Narayan Katare (D) Through LRs. Judgment Date: 26 October 2017 Date of the Judgment: 26 October 2017 Citation: [Not Available in Source]

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