Transfer of Property Act, 1882

Supreme Court rules on Enforceability of Agreements Violating Bangalore Development Authority Rules: G.T. Girish vs. Y. Subba Raju (2022) INSC 512 (18 January 2022)

/ Agreements Void, City of Bangalore Improvement Act, 1945, City of Bangalore Improvement Act, 1945 with Section 24, City of Bangalore Improvement Act, 1945 with Section 29, Doctrine of lis pendens, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 23, Judges, K.M. Joseph, Pamidighantam Sri Narasimha, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 52

Supreme Court on Enforceability of Agreements Violating Bangalore Development Authority Rules Date of the Judgment: 18 January 2022 Citation: (2022) INSC 512 Judges: K.M. Joseph, J., Pamidighantam Sri Narasimha, J. Can an agreement to sell, which violates the rules of the Bangalore Development Authority (BDA), be enforced? The Supreme Court recently addressed this question, examining […]

Supreme Court rules on Enforceability of Agreements Violating Bangalore Development Authority Rules: G.T. Girish vs. Y. Subba Raju (2022) INSC 512 (18 January 2022) Read Post »

Supreme Court Upholds Restrictions on Property Transfer in Bangalore Development Authority Cases: G.T. Girish vs. Y. Subba Raju (2022)

/ Doctrine of lis pendens, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 23, Judges, K.M. Joseph, Pamidighantam Sri Narasimha, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 52

Supreme Court Upholds Restrictions on Property Transfer in Bangalore Development Authority Cases: G.T. Girish vs. Y. Subba Raju (2022) LEGAL ISSUE: Whether an agreement to sell a property allotted by the Bangalore Development Authority (BDA), entered into before the expiry of the stipulated non-alienation period, is enforceable. CASE TYPE: Civil Law, Specific Performance Case Name:

Supreme Court Upholds Restrictions on Property Transfer in Bangalore Development Authority Cases: G.T. Girish vs. Y. Subba Raju (2022) Read Post »

Specific Performance vs. Adverse Possession: Supreme Court Resolves Land Dispute in Seethakathi Trust Madras vs. Krishna Veni (2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 114, Judges, M.M. Sundresh, Sanjay Kishan Kaul, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 19(b), Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 3

Supreme Court Decision on Specific Performance and Adverse Possession: Seethakathi Trust Madras vs. Krishna Veni (2022) LEGAL ISSUE: Whether a decree for specific performance can be enforced against a subsequent bona fide purchaser who was not a party to the original suit. Also, the question of adverse possession on a small portion of land when

Specific Performance vs. Adverse Possession: Supreme Court Resolves Land Dispute in Seethakathi Trust Madras vs. Krishna Veni (2022) Read Post »

Supreme Court Upholds Property Rights: Seethakathi Trust Wins Against Krishna Veni in Land Dispute (17 January 2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 114, Judges, M.M. Sundresh, Sanjay Kishan Kaul, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 19(b), Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 3

Supreme Court Upholds Property Rights: Seethakathi Trust Wins Against Krishna Veni in Land Dispute LEGAL ISSUE: Whether a decree of specific performance can be enforced against a bona fide purchaser who was not a party to the original suit. CASE TYPE: Property Law/Civil Case Name: Seethakathi Trust Madras vs. Krishna Veni Judgment Date: 17 January

Supreme Court Upholds Property Rights: Seethakathi Trust Wins Against Krishna Veni in Land Dispute (17 January 2022) Read Post »

Supreme Court Declares Sale Deeds Void for Lack of Consideration: Kewal Krishan vs. Rajesh Kumar (22 November 2021)

/ Abhay S. Oka, Ajay Rastogi, Judges, Property Law, Sale of Immovable Property, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Supreme Court Declares Sale Deeds Void for Lack of Consideration: Kewal Krishan vs. Rajesh Kumar (2021) LEGAL ISSUE: Whether a sale deed executed without actual payment of consideration is valid under the Transfer of Property Act, 1882. CASE TYPE: Civil Law – Property Dispute Case Name: Kewal Krishan vs. Rajesh Kumar & Ors. Judgment Date:

Supreme Court Declares Sale Deeds Void for Lack of Consideration: Kewal Krishan vs. Rajesh Kumar (22 November 2021) Read Post »

Supreme Court Clarifies NRI Landlord Eviction Rights Under East Punjab Rent Act: Padam Nabh & Sons vs. Yash Pal (2021)

/ Delhi Rent Control Act, 1958, Delhi Rent Control Act, 1958 with Section 14B, East Punjab Urban Rent Restriction Act, 1949, East Punjab Urban Rent Restriction Act, 1949 with Section 13B, Hemant Gupta, Judges, Lease of Immovable Property, NRI Eviction Rights, Rent Control, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 106(1), V. Ramasubramanian

Supreme Court Clarifies NRI Landlord Eviction Rights Under East Punjab Rent Act LEGAL ISSUE: Whether a Non-Resident Indian (NRI) who purchases a property with an existing tenant can invoke the summary eviction process under Section 13B of the East Punjab Urban Rent Restriction Act, 1949. CASE TYPE: Rent Control/Eviction Law Case Name: Padam Nabh &

Supreme Court Clarifies NRI Landlord Eviction Rights Under East Punjab Rent Act: Padam Nabh & Sons vs. Yash Pal (2021) Read Post »

Supreme Court Upholds Disqualification of Petrol Pump Applicant Due to Lease Commencement Clause: Anapurna Jaiswal vs. Indian Oil Corporation Ltd. (30 September 2021)

/ Contract Law, Indian Registration Act, 1908, Indian Registration Act, 1908 with Section 47, Judges, K.M. Joseph, Lease Agreements, Pamidighantam Sri Narasimha, Public Procurement, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 105, Transfer of Property Act, 1882 with Section 5

Supreme Court Upholds Disqualification of Petrol Pump Applicant Due to Lease Commencement Clause LEGAL ISSUE: Whether a lease agreement, which stipulates that its term commences from the date of approval of a petrol pump, qualifies as a valid lease for the purpose of awarding marks in a petrol pump dealership application process. CASE TYPE: Civil

Supreme Court Upholds Disqualification of Petrol Pump Applicant Due to Lease Commencement Clause: Anapurna Jaiswal vs. Indian Oil Corporation Ltd. (30 September 2021) Read Post »

Supreme Court Upholds Demolition of Dilapidated Building, Limits Tenant’s Rights: Abdul Khuddus vs. H.M. Chandiramani (2021)

/ A.S. Bopanna, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order II Rule 2, Hemant Gupta, Judges, Karnataka Municipal Corporations Act, 1976, Karnataka Municipal Corporations Act, 1976 with Section 322, Karnataka Municipal Corporations Act, 1976 with Section 462, Karnataka Rent Control Act, 1961, Karnataka Rent Control Act, 1961 with Section 21(1)(j), Karnataka Rent Control Act, 1961 with Section 27, Karnataka Rent Control Act, 1961 with Section 5, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 108(B)(e)

Supreme Court Upholds Demolition of Dilapidated Building, Limits Tenant’s Rights: Abdul Khuddus vs. H.M. Chandiramani (2021) LEGAL ISSUE: Whether a tenant can claim repossession of a demolished building under the Transfer of Property Act, despite being a statutory tenant under the Rent Act. CASE TYPE: Civil Law, Property Law, Rent Control Case Name: Abdul Khuddus

Supreme Court Upholds Demolition of Dilapidated Building, Limits Tenant’s Rights: Abdul Khuddus vs. H.M. Chandiramani (2021) Read Post »

Supreme Court Upholds Partition Rights, Rejects Disputed Sale Agreement: Venigalla Koteswaramma vs. Malempati Suryamba (2021)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XXII, Dinesh Maheshwari, Hrishikesh Roy, Judges, Sanjay Kishan Kaul, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Partition Rights, Rejects Disputed Sale Agreement: Venigalla Koteswaramma vs. Malempati Suryamba (2021) LEGAL ISSUE: Validity of a sale agreement and its impact on partition of property. CASE TYPE: Civil (Partition) Case Name: Venigalla Koteswaramma vs. Malempati Suryamba & Ors. [Judgment Date]: 19 January 2021 Date of the Judgment: 19 January 2021 Citation:

Supreme Court Upholds Partition Rights, Rejects Disputed Sale Agreement: Venigalla Koteswaramma vs. Malempati Suryamba (2021) Read Post »

Supreme Court Clarifies Arbitrability of Landlord-Tenant Disputes and Scope of Judicial Review: Vidya Drolia vs. Durga Trading Corporation (2020) INSC 804 (14 December 2020)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 7, Arbitration and Conciliation Act, 1996 with Section 8, Judges, Krishna Murari, N.V. Ramana, Sanjiv Khanna, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 111, Transfer of Property Act, 1882 with Section 114A

Can landlord-tenant disputes be resolved through arbitration, or are they exclusively reserved for civil courts? The Supreme Court of India recently addressed this critical question, clarifying the legal position on arbitrability of such disputes and also the scope of judicial review under Sections 8 and 11 of the Arbitration and Conciliation Act, 1996. This judgment

Supreme Court Clarifies Arbitrability of Landlord-Tenant Disputes and Scope of Judicial Review: Vidya Drolia vs. Durga Trading Corporation (2020) INSC 804 (14 December 2020) Read Post »

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11, Indu Malhotra, Judges, L. Nageswara Rao, Limitation Act, 1963, Limitation Act, 1963 with Article 58, Limitation Act, 1963 with Article 59, Rejection of Plaint, Sale of Property, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377 Date of the Judgment: July 09, 2020 Citation: (2020) INSC 377 Judges: L. Nageswara Rao, J., Indu Malhotra, J. Can a sale deed be cancelled years after its execution, merely on the ground that the full

Supreme Court Upholds Rejection of Suit for Cancellation of Sale Deed: Dahiben vs. Arvindbhai Kalyanji Bhanusali (2020) INSC 377 Read Post »

Supreme Court clarifies distinction between lease and agreement to lease in contract dispute: Ramnath Agrawal vs. Food Corporation of India (2020) INSC 374

/ Agreement to Lease, Breach of contract, Contract Law, Judges, Krishna Murari, Lease of Immovable Property, N.V. Ramana, Sanjiv Khanna, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 105

Supreme Court clarifies distinction between lease and agreement to lease in contract dispute: Ramnath Agrawal vs. Food Corporation of India (2020) INSC 374 LEGAL ISSUE: Whether an agreement is a lease under Section 105 of the Transfer of Property Act, 1882, or merely an agreement for a lease. CASE TYPE: Contract Law, Property Law Case

Supreme Court clarifies distinction between lease and agreement to lease in contract dispute: Ramnath Agrawal vs. Food Corporation of India (2020) INSC 374 Read Post »

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