Supreme Court Upholds Assignability of Repurchase Rights in Conditional Sale: Indira Devi vs. Veena Gupta (2023) LEGAL ISSUE: Whether the right to repurchase a property in a conditional sale deed is personal to the vendor or can be assigned to another person. CASE TYPE: Civil Law, Property Law, Contract Law Case Name: Indira Devi vs. […]
Supreme Court Upholds Arbitration in Development Agreement Dispute: Asian Avenues vs. Syed Shoukat Hussain (2023) LEGAL ISSUE: Whether a dispute regarding the cancellation of a development agreement can be referred to arbitration, or if it must be adjudicated by a civil court. CASE TYPE: Arbitration Law Case Name: M/S. Asian Avenues Pvt Ltd. vs. Sri
Supreme Court Upholds Possessory Rights in Property Dispute: Shivshankara vs. Vedavyasa (2023) LEGAL ISSUE: Whether prior possession can be the basis of a claim for recovery of possession against a dispossessor who does not have a better title. CASE TYPE: Civil Property Dispute Case Name: Shivshankara & Anr. vs. H.P. Vedavyasa Char [Judgment Date]: March
Supreme Court Overturns High Court in Specific Performance Case: C. Haridasan vs. Anappath Parakkattu Vasudeva Kurup (2023) LEGAL ISSUE: Whether a court should grant specific performance of a contract for the sale of land where the buyer has not paid the full consideration or taken steps to fulfill their obligations under the contract. CASE TYPE:
Supreme Court Upholds Specific Performance Decree, Orders Additional Payment: C. Haridasan vs. Anappath Parakkattu Vasudeva Kurup (2023) LEGAL ISSUE: Whether a decree for specific performance of a contract for sale of land can be granted, and what considerations should guide the court’s discretion, especially when the market value of the property has increased. CASE TYPE:
Supreme Court Restores Specific Performance Decree: Basavaraj vs. Padmavathi (2023) Date of the Judgment: January 05, 2023 Citation: 2023 INSC 19 Judges: M. R. Shah, J. and B.V. Nagarathna, J. Can a High Court overturn a trial court’s finding on the readiness and willingness of a buyer to perform a contract for sale, simply because
Supreme Court Restores Specific Performance Decree: Basavaraj vs. Padmavathi (2023) Read Post »
Supreme Court Restores Specific Performance Decree in Land Sale Dispute Date of the Judgment: 05 January 2023 Citation: (2023) INSC 17 Judges: M. R. Shah, J. and B.V. Nagarathna, J. Can a High Court overturn a Trial Court’s decision on the readiness and willingness of a buyer to purchase a property, especially when the buyer
Supreme Court Upholds Specific Performance of Contract Despite Delay: P. Daivasigamani vs. S. Sambandan (2022) LEGAL ISSUE: Whether a suit for specific performance of a contract for the sale of immovable property can be decreed when there has been a delay in filing the suit, and whether the plaintiff has sufficiently demonstrated readiness and willingness
Supreme Court overturns High Court ruling on permanent injunction based on unregistered sale agreement: Balram Singh vs. Kelo Devi (2022) INSC 447 LEGAL ISSUE: Can a permanent injunction be granted based on an unregistered agreement to sell? CASE TYPE: Civil Law Case Name: Balram Singh vs. Kelo Devi [Judgment Date]: 23 September 2022 Date of
Supreme Court Rejects Specific Performance of Sale Agreement Dependent on Third-Party Action: Raman vs. Natarajan (2022) Date of the Judgment: September 13, 2022 Citation: 2022 INSC 778 Judges: Indira Banerjee, J. and V. Ramasubramanian, J. Can a court compel specific performance of a sale agreement when the agreement’s execution depends on a third party’s actions?
Supreme Court Allows Amendment for Enhanced Damages in Specific Performance Suit: LIC vs. Sanjeev Builders (2022) LEGAL ISSUE: Whether a plaintiff can amend a plaint to increase the claim for damages in a suit for specific performance of contract after a significant delay. CASE TYPE: Civil, Specific Performance Case Name: Life Insurance Corporation of India
Supreme Court Overturns Specific Performance Decree in Property Sale Dispute: U.N. Krishnamurthy vs. A.M. Krishnamurthy (2022) LEGAL ISSUE: Whether the plaintiff demonstrated continuous readiness and willingness to perform their obligations in a contract for the sale of property, a prerequisite for specific performance. CASE TYPE: Civil (Specific Performance of Contract) Case Name: U.N. Krishnamurthy (Since
