Introduction Date of the Judgment: February 14, 2025 Citation: 2025 INSC 213 Judges: J.B. Pardiwala, J., R. Mahadevan, J. When does an agreement to sell immovable property become equivalent to a conveyance for stamp duty purposes? The Supreme Court of India addressed this critical question in the case of Ramesh Mishrimal Jain v. Avinash Vishwanath […]
Supreme Court Upholds Demolition of Illegal Construction in Uttar Pradesh Avas Evam Vikas Parishad Case LEGAL ISSUE: Whether the High Court was right in ordering the demolition of unauthorized commercial constructions on a residential plot. CASE TYPE: Real Estate/Urban Planning Law Case Name: Rajendra Kumar Barjatya and Another vs. U.P. Avas Evam Vikas Parishad &
Supreme Court Upholds Specific Performance of Oral Sale Agreement: Manjit Singh vs. Darshana Devi (2024) LEGAL ISSUE: Whether subsequent purchasers of a property can be considered bona fide purchasers without notice of a prior oral agreement of sale. CASE TYPE: Civil – Specific Performance Case Name: Manjit Singh & Anr. vs. Darshana Devi & Ors.
Supreme Court Upholds Title Based on Registered Sale Deed, Dismissing Adverse Possession Claim: Neelam Gupta & Ors. vs. Rajendra Kumar Gupta & Anr. (2024) Date of the Judgment: 14 October 2024 Citation: 2024 INSC 769 Judges: C.T. Ravikumar, J., Sanjay Kumar, J. Can a claim of adverse possession succeed against a title established through a
Supreme Court Upholds Estoppel in Property Dispute: Elumalai vs. Kamala (2023) LEGAL ISSUE: Whether a release deed executed by a father relinquishing his rights in his father’s self-acquired property, for consideration, estops his sons from claiming a share in the same property after the grandfather’s death. CASE TYPE: Civil Property Dispute Case Name: Elumalai @
Supreme Court Upholds Estoppel in Property Dispute: Elumalai vs. Kamala (2023) Read Post »
Supreme Court Upholds Estoppel on Inheritance Rights Based on Father’s Release Deed: Elumalai vs. Kamala (2023) LEGAL ISSUE: Whether a release deed executed by a father relinquishing his inheritance rights, for consideration, estops his children from claiming those rights upon the grandfather’s death. CASE TYPE: Civil – Property Law, Inheritance Case Name: Elumalai @ Venkatesan
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 Remands Landlord-Tenant Dispute: Vinay Eknath Lad vs. Chiu Mao Chen (2019) LEGAL ISSUE: Whether the original plaintiffs had the locus to institute a suit for eviction of a tenant without proper attornment or public notice of change of ownership. CASE TYPE: Civil (Landlord-Tenant Dispute) Case Name: Vinay Eknath Lad vs. Chiu Mao Chen
Supreme Court Remands Landlord-Tenant Dispute: Vinay Eknath Lad vs. Chiu Mao Chen (2019) Read Post »
Supreme Court Clarifies Tenant Rights Under SARFAESI Act: Bajarang Agarwal vs. Central Bank of India (2019) LEGAL ISSUE: The interplay between the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and the rights of tenants, particularly concerning eviction from mortgaged properties. CASE TYPE: Real Estate/Mortgage Law, focusing on
LEGAL ISSUE: Whether an under-raiyat can transfer their land rights despite a statutory bar. CASE TYPE: Civil Law – Land Rights. Case Name: Aftaruddin (Dead) Rep. Thr. Lrs. vs. Ramkrishna Datta alias Babul Datta & Ors. Judgment Date: 08 December 2017 Can an under-raiyat, a tenant-like landholder, transfer their land rights despite legal restrictions? The
Date of the Judgment: October 24, 2017 Citation: (2017) INSC 834 Judges: Ranjan Gogoi, J., Navin Sinha, J. Can a document that includes a clause for repurchase of property be considered a mortgage, or is it simply a sale with an option to buy back? The Supreme Court of India recently addressed this complex question
LEGAL ISSUE: Whether an unregistered agreement to sell transfers any right, title, or interest in immovable property, especially when a prior attachment order exists. CASE TYPE: Civil Law, Cooperative Society Dispute, Property Law Case Name: The Greater Bombay Co-operative Bank Limited vs. Mr. Nagraj Ganeshmal Jain & Ors. Judgment Date: 26 July 2017 Date of
