Supreme Court Upholds Mortgage by Conditional Sale: Leela Agrawal vs. Sarkar & Anr. (2024) LEGAL ISSUE: Whether a mortgage deed with a clause converting it into a sale upon default of payment is a mortgage by conditional sale or a simple mortgage. CASE TYPE: Property Law. Case Name: Leela Agrawal vs. Sarkar & Anr. Judgment […]
Supreme Court Upholds Settlement Deed in Property Dispute: Ramachandra Reddy vs. Ramulu Ammal (2024) LEGAL ISSUE: Whether a deed transferring property among family members constitutes a gift or a settlement deed, and the implications for property rights. CASE TYPE: Civil Property Law Case Name: Ramachandra Reddy (Dead) Thr. Lrs. & Ors. vs. Ramulu Ammal (Dead)
Supreme Court Clarifies Gift Deed Revocation Under Transfer of Property Act: N. Thajudeen vs. Tamil Nadu Khadi and Village Industries Board (2024) LEGAL ISSUE: Whether a gift deed, once validly executed and accepted, can be revoked, and the implications of Section 126 of the Transfer of Property Act, 1882 on such revocations. CASE TYPE: Civil
Supreme Court Clarifies Common Passage Rights in Property Dispute: Kamal Kishore Sehgal vs. Murti Devi (2024) Date of the Judgment: September 19, 2024 Citation: 2024 INSC 707 Judges: Justice Pankaj Mithal and Justice R. Mahadevan Can a property owner claim a right to use a passage on a neighboring property simply because it aligns with
Supreme Court Orders Eviction for Non-Payment of Rent: Meera Devi vs. Dinesh Chandra Joshi (2024) LEGAL ISSUE: Whether a tenant can be evicted for failing to comply with an interim order of the court regarding payment of rent during the pendency of an appeal. CASE TYPE: Civil (Eviction) Case Name: Meera Devi (D) Thr. LR.
Supreme Court Clarifies Trust Ownership of Temple Property: Siddaraja Manicka Prabhu Temple vs. Arulmighu Kamakala Kameshwara Temple (2024) LEGAL ISSUE: Whether a property adjacent to a temple is a trust property or under absolute ownership of the person in possession. CASE TYPE: Civil Law, Trust Law. Case Name: Sri Siddaraja Manicka Prabhu Temple vs. The
Supreme Court Sets Aside Ex-Parte Decree for Lack of Fair Hearing in Property Dispute: Ranjit Singh vs. State of Uttarakhand (2024) LEGAL ISSUE: Whether an ex-parte decree can be set aside if the defendant was not given a fair opportunity to be heard. CASE TYPE: Civil Property Dispute Case Name: Ranjit Singh & Anr. vs.
Supreme Court Clarifies Stamp Duty on BOT Toll Agreements: Rewa Tollway vs. State of Madhya Pradesh (2024) LEGAL ISSUE: Whether a Build, Operate, and Transfer (BOT) agreement for road construction, where toll collection rights are granted, constitutes a “lease” under the Transfer of Property Act, 1882 and the Indian Stamp Act, 1899. CASE TYPE: Civil
Supreme Court Upholds Validity of Sale Deed Despite Delayed Registration: Kaushik Premkumar Mishra vs. Kanji Ravaria (2024) LEGAL ISSUE: Whether a sale deed, duly executed and presented for registration, remains valid despite a significant delay in its actual registration and whether a subsequent purchaser can claim bona fide status if the vendor had already transferred
Supreme Court Clarifies Requirements for Valid Compromise Decrees in Property Disputes Date of the Judgment: 15 July 2024 Citation: (2024) INSC 527 Judges: Justice Vikram Nath and Justice Prashant Kumar Mishra Can a simple statement in court lead to a valid compromise decree, especially when it concerns property rights? The Supreme Court of India recently
Supreme Court Upholds Family Settlement Despite Distant Heir: Naseem Kahnam vs. Zaheda Begum (2024) LEGAL ISSUE: Whether a family settlement agreement can be enforced when it includes a distant heir not entitled to inherit under Mohammedan Law. CASE TYPE: Civil (Partition). Case Name: Naseem Kahnam and Others vs. Zaheda Begum (Dead) By Lr. and Others.
Supreme Court Upholds DDA’s Right to Unearned Increase in Property Transfer After Company Amalgamation LEGAL ISSUE: Whether the amalgamation of companies results in a ‘transfer’ of leased property, thereby triggering the Delhi Development Authority’s (DDA) right to claim an unearned increase in the value of the property. CASE TYPE: Civil Law, Property Law Case Name:
