Supreme Court Clarifies Rejection of Plaint Under Order 7 Rule 11(d) CPC: Sayyed Ayaz Ali vs. Prakash G Goyal (20 July 2021) LEGAL ISSUE: Clarification on the procedure for rejecting a plaint under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908, specifically regarding the permissibility of granting time to amend the plaint […]
Supreme Court Upholds Specific Performance of Sale Agreements: A.R. Madana Gopal vs. Ramnath Publications (2021) LEGAL ISSUE: Whether a delay in seeking specific performance of a sale agreement after the disposal of a related writ petition is fatal to the case, especially when the agreement stipulated payment at the time of registration of sale deeds.
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 Specific Performance in Land Sale Dispute Despite Urban Land Ceiling Act: Ferrodous Estates vs. P. Gopirathnam (2020) Date of the Judgment: 12 October 2020 Citation: (2020) INSC 725 Judges: R.F. Nariman, J., Navin Sinha, J. Can a seller avoid a land sale agreement by claiming it violates the Urban Land Ceiling Act,
Supreme Court Upholds Partial Specific Performance in Land Sale Dispute: B. Santoshamma vs. D. Sarala (2020) Date of the Judgment: 18 September 2020 Citation: 2020 INSC 707 Judges: Uday Umesh Lalit, J. and Indira Banerjee, J. Can a seller of land renege on a sale agreement after accepting a significant portion of the payment? The
Supreme Court clarifies execution of arbitration award for land price fixation: Rajasthan Udyog vs. Hindustan Engineering (2020) INSC 257 LEGAL ISSUE: Whether an arbitration award that determines compensation for land under an agreement for sale can be executed as a suit for specific performance when the arbitration was only for price fixation. CASE TYPE: Arbitration
Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay: Atma Ram vs. Charanjit Singh (2020) LEGAL ISSUE: Whether a suit for mandatory injunction can be converted to a suit for specific performance by paying the deficit court fee, and whether delay in filing a suit for specific performance affects the plaintiff’s claim. CASE
Supreme Court Clarifies Specific Performance in Property Reconveyance: C.S. Venkatesh vs. A.S.C. Murthy (2020) LEGAL ISSUE: Whether a sale deed can be considered as security for a loan, and the requirements for proving readiness and willingness in a specific performance suit for reconveyance of property. CASE TYPE: Civil (Specific Performance) Case Name: C.S. Venkatesh vs.
Supreme Court Upholds Specific Performance of Agreement to Sell: Vundavalli Ratna Manikyam vs. V.P.P.R.N. Prasada Rao (2020) LEGAL ISSUE: Whether the suit for specific performance of an agreement to sell was barred by limitation. CASE TYPE: Civil (Specific Performance) Case Name: Vundavalli Ratna Manikyam & another vs. V.P.P.R.N. Prasada Rao Judgment Date: 06 February 2020
Supreme Court Denies Specific Performance, Orders Compensation in Land Sale Dispute: Sukhwinder Singh vs. Jagroop Singh (2020) LEGAL ISSUE: Whether a decree for specific performance of a contract for sale of land can be granted when the plaintiff has not proven readiness and willingness to perform their part of the contract, and a third party
Supreme Court Sets Aside Injunction in Land Sale Dispute: Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP (2020) LEGAL ISSUE: Whether a temporary injunction should be granted in a suit for specific performance of a contract for sale of land, especially when there is a delay in filing the suit and third-party rights have been
Supreme Court Upholds High Court Decision on Temporary Injunction in Property Dispute: Saketa Vaksana LLP vs. Kaukutla Sarala (2019) LEGAL ISSUE: Whether a temporary injunction should be granted in a property dispute where possession and payment of consideration are contested. CASE TYPE: Civil Property Dispute Case Name: Saketa Vaksana LLP & Anr. vs. Kaukutla Sarala
