Supreme Court clarifies consumer status in property conversion cases: Estate Officer vs. Charanjit Kaur (2021) LEGAL ISSUE: Whether an allottee seeking conversion of leasehold property to freehold is a ‘consumer’ under the Consumer Protection Act, 1986. CASE TYPE: Consumer Law, Property Law Case Name: Estate Officer and Anr. vs. Charanjit Kaur [Judgment Date]: 7 September […]
Supreme Court on Suit for Injunction Without Declaration of Title: Kayalulla Parambath Moidu Haji vs. Namboodiyil Vinodan (2021) LEGAL ISSUE: Whether a suit for permanent injunction can be maintained without seeking a declaration of title. CASE TYPE: Civil Law – Property Dispute Case Name: Kayalulla Parambath Moidu Haji vs. Namboodiyil Vinodan [Judgment Date]: September 7,
Supreme Court clarifies Municipal Authority’s Power in Building Plan Disputes: Debabrata Saha vs. Serampore Municipality (2021) Date of the Judgment: September 01, 2021 Citation: Debabrata Saha vs. Serampore Municipality & Ors. Civil Appeal No. 3657 of 2010 Judges: L. Nageswara Rao, J. and B.R. Gavai, J. Can a municipal authority revoke a building plan based
Supreme Court Upholds Partition Decree, Emphasizes Convenience in Land Allotment Date of the Judgment: 12 March 2021 Citation: (2021) INSC 157 Judges: L. Nageswara Rao, J. and S. Ravindra Bhat, J. Can a High Court interfere with a First Appellate Court’s factual findings in a property partition case? The Supreme Court addressed this question in
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 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 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 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 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 Revises Land Compensation in Maharashtra Acquisition Case Date of the Judgment: March 17, 2020 Citation: (2020) INSC 2170-2171 Judges: R. Banumathi, J. and A.S. Bopanna, J. How should compensation be calculated when land acquired for a project includes both agricultural and non-agricultural areas? The Supreme Court of India recently addressed this question in
Supreme Court Upholds Absolute Ownership of Property Bequeathed in Will: M.S. Bhavani & Anr. vs. M.S. Raghu Nandan (2020) LEGAL ISSUE: Interpretation of a will to determine the nature of property rights bequeathed. CASE TYPE: Civil Law – Property Dispute Case Name: M.S. Bhavani & Anr. vs. M.S. Raghu Nandan Judgment Date: March 5, 2020
Supreme Court Settles Land Ownership Dispute: State of Goa vs. Narayan V. Gaonkar (2020) LEGAL ISSUE: Dispute over land ownership and the validity of entries in land records. CASE TYPE: Civil Law – Land Revenue Case Name: State of Goa vs. Narayan V. Gaonkar & Ors. [Judgment Date]: March 04, 2020 Date of the Judgment:
Supreme Court settles land ownership dispute: State of Goa vs. Narayan V. Gaonkar (2020) Read Post »
