Supreme Court Upholds Sale Deed, Settles Land Dispute: Damodhar Narayan Sawale vs. Shri Tejrao Bajirao Mhaske (2023) LEGAL ISSUE: Validity of a registered sale deed and the applicability of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947. CASE TYPE: Civil Case Name: Damodhar Narayan Sawale (D) through LRs. vs. Shri Tejrao Bajirao […]
Official Liquidator Liable for Post-Liquidation Taxes: Supreme Court Judgment Analysis LEGAL ISSUE: Whether an Official Liquidator is liable for property and water taxes accrued on a company’s assets after the winding-up order but before the sale of the assets. CASE TYPE: Company Law, Liquidation, Property Tax Case Name: Official Liquidator vs. Ujjain Nagar Palika Nigam
Official Liquidator Liable for Post-Liquidation Taxes: Supreme Court Judgment Analysis Read Post »
Supreme Court Upholds Auction Sale, Rejects Agreement Holder’s Claim in SARFAESI Case LEGAL ISSUE: Whether an agreement to sale holder can challenge an auction notice under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and claim rights over the property. CASE TYPE: Securitisation and Debt Recovery Case
Supreme Court Clarifies Stamp Duty on Sale of Industrial Assets: Sub Registrar vs. Dankuni Steels Ltd. (2023) LEGAL ISSUE: Whether stamp duty is applicable to plant and machinery, along with land and buildings, in the sale of industrial assets. CASE TYPE: Civil Law, Stamp Duty, Property Law Case Name: The Sub Registrar, Amudalavalasa & Anr.
Supreme Court Clarifies Stamp Duty on Sale of Industrial Assets: Sub Registrar vs. Dankuni Steels Ltd. (2023) LEGAL ISSUE: Determination of stamp duty on the sale of industrial assets, specifically whether plant and machinery should be included in the valuation of immovable property. CASE TYPE: Civil Appellate Jurisdiction Case Name: The Sub Registrar, Amudalavalasa &
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 Denies Freehold Conversion for Leased Land: Bhasin Infotech vs. State of Uttar Pradesh (2023) Date of the Judgment: March 17, 2023 Citation: Not Available Judges: Dinesh Maheshwari, J. and J.K. Maheshwari, J. Can a company demand conversion of leasehold land to freehold based on a later government policy? The Supreme Court of India
Supreme Court Allows Amendment of Pleadings in Mortgage Redemption Suit: Ganesh Prasad vs. Rajeshwar Prasad (2023) LEGAL ISSUE: Whether a plaintiff can amend their plaint to include alternative and potentially inconsistent pleas, particularly in a suit involving mortgage redemption and tenancy disputes. CASE TYPE: Civil (Mortgage Redemption, Tenancy Dispute) Case Name: Ganesh Prasad vs. Rajeshwar
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 Upholds Resumption of Industrial Plot Due to Non-Compliance: Aman Semi-Conductors vs. HSIDC (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 commence construction and production within the stipulated time, despite alleged lack of infrastructural facilities. CASE TYPE: Consumer
Supreme Court Upholds Landowner’s Right to Possession in Encroachment Case: Baini Prasad vs. Durga Devi (2023) Date of the Judgment: February 2, 2023 Citation: Civil Appeal No.6182-6183 of 2009 Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a person who encroaches on another’s land claim protection against eviction by citing improvements made on the
Supreme Court Upholds Landowner’s Right to Possession in Encroachment Case Date of the Judgment: 02 February 2023 Citation: (2023) INSC 95 Judges: Justice B.R. Gavai and Justice C.T. Ravikumar Can a person who builds on someone else’s land claim protection from eviction based on the belief that the land was their own? The Supreme Court
