Supreme Court Clarifies Effect of Agreement to Sell on Tenancy: Dr. H.K. Sharma vs. Shri Ram Lal (2019) LEGAL ISSUE: Whether an agreement to sell between a landlord and tenant automatically terminates the tenancy. CASE TYPE: Civil (Landlord-Tenant Dispute) Case Name: Dr. H.K. Sharma vs. Shri Ram Lal [Judgment Date]: January 28, 2019 Date of […]
Supreme Court Upholds Sale Deed, Rejects Oral Gift Claim in Property Dispute: Jamila Begum vs. Shami Mohd. (2018) LEGAL ISSUE: Validity of a sale deed versus an oral gift in a property dispute. CASE TYPE: Civil Property Law. Case Name: Jamila Begum (D) Thr. Lrs. vs. Shami Mohd. (D) Thr. Lrs. & Another. [Judgment Date]:
Supreme Court Directs Trial Court to Decide on Applicability of Tenancy Act: Bijay Kumar vs. Ashwin Desai (2018) Date of the Judgment: December 12, 2018 Citation: (2018) INSC 1088 Judges: N.V. Ramana, J. and Mohan M. Shantanagoudar, J. Can a dispute over which tenancy law applies to a lease be resolved as a preliminary issue?
Supreme Court Revisits Textile Nationalisation Act: Union of India vs. Nareshkumar Badrikumar Jagad (2018) LEGAL ISSUE: Whether leasehold rights of textile undertakings continue to vest with the Central Government after nationalization, and the impact of the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014 on prior court orders. CASE TYPE: Civil Law, Nationalisation, Property
Supreme Court Clarifies Vesting of Leasehold Rights in Textile Undertakings Date of the Judgment: 28 November 2018 Citation: 2018 INSC 1048 Judges: Kurian Joseph, J., A.M. Khanwilkar, J. Can a review petition be filed by a third party? The Supreme Court addressed this question while also considering the impact of a subsequent amendment to the
Supreme Court Clarifies Gift Deed Requirements: Sarojini Amma vs. Sreekumar (2018) LEGAL ISSUE: Whether a document styled as a gift deed, but executed for consideration, can be treated as a valid gift, and whether a gift deed reserving the donor’s rights is actually a will. CASE TYPE: Property Law Case Name: S. Sarojini Amma vs.
Supreme Court Clarifies Gift Deed Requirements: Sarojini Amma vs. Sreekumar (2018) Read Post »
Supreme Court Upholds Rejection of Substitution as Secured Creditor: Suzuki Parasrampuria Suitings Pvt. Ltd. vs. The Official Liquidator (2018) LEGAL ISSUE: Whether an assignee of debt can be substituted as a secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act) if it is not a
Supreme Court Upholds Findings on Oral Gift in Property Dispute: Sheikh Yakub vs. Sakinabi (2018) Date of the Judgment: July 11, 2018 Citation: Not Available Judges: Justice Kurian Joseph and Justice Sanjay Kishan Kaul. Can an oral gift of property be considered valid without sufficient evidence? The Supreme Court of India recently addressed this question
Supreme Court upholds findings on oral gift: Sheikh Yakub vs. Sakinabi (2018) Read Post »
Supreme Court Upholds Coparcenary Rights in Ancestral Property: Shyam Narayan Prasad vs. Krishna Prasad (2018) LEGAL ISSUE: Whether property obtained in a partition of ancestral property remains coparcenary property with rights for lineal descendants. CASE TYPE: Civil Law – Property Rights. Case Name: Shyam Narayan Prasad vs. Krishna Prasad and Ors. Judgment Date: 2 July
Supreme Court Upholds Auction Sale, Dismissing Claim of Bona Fide Purchaser: Siddagangaiah vs. Giriraja Shetty (2018) LEGAL ISSUE: Whether a suit is maintainable to challenge a court auction sale after an application to set aside the sale on grounds of material irregularity has been dismissed. Also, whether a sale during the pendency of a suit
Supreme Court Upholds Eviction of Tenant in Apollo Zipper India Ltd. vs. W. Newman And Co. Ltd. (2018) LEGAL ISSUE: Whether a tenant can challenge the derivative title of a landlord after attornment and whether the suit was maintainable under the Transfer of Property Act, 1882. CASE TYPE: Civil (Eviction Suit) Case Name: Apollo Zipper
Supreme Court Upholds Specific Performance of Contract in Land Dispute: Shivaji Yallappa Patil vs. Sri Ranajeet Appasaheb Patil (2018) LEGAL ISSUE: Whether a decree for specific performance of a contract for sale of land can be granted when the purchaser is in possession of the land, despite a subsequent sale to a third party. CASE
