Supreme Court Upholds Assignability of Repurchase Rights in Conditional Sale Deed: Indira Devi vs. Veena Gupta (2023) LEGAL ISSUE: Whether the right to repurchase a property under a conditional sale deed is personal to the vendor or can be assigned to another person. CASE TYPE: Civil Law, Property Law Case Name: Indira Devi vs. Veena […]
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 Eviction Based on Possessory Rights from Agreement to Sell: Ghanshyam vs. Yogendra Rathi (2023) LEGAL ISSUE: Whether an agreement to sell, along with a possession memo and receipt of full payment, confers possessory rights sufficient for eviction of the transferor acting as a licensee. CASE TYPE: Civil (Eviction and Mesne Profits) Case
Supreme Court Upholds Eviction Based on Agreement to Sell and Possessory Rights LEGAL ISSUE: Whether an agreement to sell, along with a memo of possession and receipt of full payment, grants sufficient possessory rights to evict a transferor acting as a licensee. CASE TYPE: Civil (Eviction and Property Law) Case Name: Ghanshyam vs. Yogendra Rathi
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 Contractual Clause: Specific Performance Denied in Land Sale Dispute LEGAL ISSUE: Whether a clause in a sale agreement providing for double the advance payment as remedy for non-performance bars a decree for specific performance. CASE TYPE: Civil (Contract Law) Case Name: T.D. Vivek Kumar & Anr. vs. Ranbir Chaudhary [Judgment Date]: 28
Supreme Court clarifies specific performance in sale agreement: T.D. Vivek Kumar vs. Ranbir Chaudhary (2023) Date of the Judgment: 28 April 2023 Citation: 2023 INSC 462 Judges: M.R. Shah, J. and C.T. Ravikumar, J. Can a buyer demand specific performance of a sale agreement if the agreement itself stipulates a remedy for non-performance? The Supreme
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 quashes FIR in property dispute case: Sarabjit Kaur vs. State of Punjab (2023) LEGAL ISSUE: Whether a criminal prosecution for cheating can arise from a breach of contract in a property sale agreement. CASE TYPE: Criminal. Case Name: Sarabjit Kaur vs. The State of Punjab & Anr. [Judgment Date]: 1 March 2023 Introduction
Supreme Court Upholds Resumption of Industrial Plot Due to Non-Construction: Aman Semi-Conductors vs. Haryana State Industrial Development Corporation (2023) LEGAL ISSUE: Whether the Haryana State Industrial Development Corporation (HSIDC) was justified in resuming an industrial plot due to the allottee’s failure to construct and commence production within the stipulated time. CASE TYPE: Real Estate/Contract Law.
Supreme Court clarifies execution of decree in specific performance case: Sanwarlal Agrawal vs. Ashok Kumar Kothari (2023) LEGAL ISSUE: Whether an executing court can go beyond the decree and include aspects not explicitly mentioned in the decree based on pleadings and other documents. CASE TYPE: Civil, Specific Performance Case Name: Sanwarlal Agrawal & Ors. vs.
Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay and Violation of Himachal Pradesh Land Laws LEGAL ISSUE: Whether a delay in filing an appeal can be condoned, and whether a suit for specific performance can be granted when the initial agreement violates land transfer laws. CASE TYPE: Civil Case Name: Ajay Dabra
