Transfer of Property Act, 1882

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 »

Supreme Court clarifies if a stranger can challenge a compromise decree: Triloki Nath Singh vs. Anirudh Singh (2020)

/ A.M. Khanwilkar, Ajay Rastogi, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 23 Rule 3, Code of Civil Procedure, 1908 with Order 23 Rule 3A, Indian Contract Act, 1872, Indian Contract Act, 1872 with Compromise, Judges, Lis Pendens, Order 23, Code of Civil Procedure, 1908, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 52, Void and Voidable Contracts

Supreme Court on Challenge to Compromise Decree by a Stranger: Triloki Nath Singh vs. Anirudh Singh (2020) LEGAL ISSUE: Can a person not party to a compromise decree challenge it in a separate suit? CASE TYPE: Civil Case Name: Triloki Nath Singh vs. Anirudh Singh(D) Thr. Lrs & Ors. [Judgment Date]: May 6, 2020 Introduction

Supreme Court clarifies if a stranger can challenge a compromise decree: Triloki Nath Singh vs. Anirudh Singh (2020) Read Post »

Supreme Court Orders Return of Original Documents to Auction Purchaser, Except for Disputed Land: Tripower Enterprises vs. State Bank of India (2020)

/ A.M. Khanwilkar, Ajay Rastogi, Debts Recovery Appellate Tribunal (DRAT), Debts Recovery Tribunal (DRT), Judges, Mortgage, Transfer of Property Act, 1882, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 13(4), Transfer of Property Act, 1882

Supreme Court Orders Return of Original Documents to Auction Purchaser, Except for Disputed Land: Tripower Enterprises vs. State Bank of India (2020) LEGAL ISSUE: Whether an auction purchaser is entitled to the original title documents of a property bought in a public auction, when the validity of the mortgage is under dispute and a portion

Supreme Court Orders Return of Original Documents to Auction Purchaser, Except for Disputed Land: Tripower Enterprises vs. State Bank of India (2020) Read Post »

Supreme Court Clarifies Limitation for Landlords Seeking Possession from Tenants: Nand Ram vs. Jagdish Prasad (2020)

/ Hemant Gupta, Judges, L. Nageswara Rao, Leases of Immovable Property, Limitation Act, 1963, Limitation Act, 1963 with Article 65, Limitation Act, 1963 with Article 67, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 111, Transfer of Property Act, 1882 with Section 116

Supreme Court Clarifies Limitation for Landlords Seeking Possession from Tenants: Nand Ram vs. Jagdish Prasad (2020) LEGAL ISSUE: Determining the applicable limitation period for a landlord to recover possession from a tenant after the lease expires. CASE TYPE: Civil Law – Property Law Case Name: Nand Ram (D) Through Lrs. & Ors. vs. Jagdish Prasad

Supreme Court Clarifies Limitation for Landlords Seeking Possession from Tenants: Nand Ram vs. Jagdish Prasad (2020) Read Post »

Specific Endowment Defined: Supreme Court rules on Religious Charity in Idol of Sri Renganathaswamy vs. P K Thoppulan Chettiar (2020)

/ Ajay Rastogi, Dhananjaya Y Chandrachud, Indian Trusts Act, 1882, Indian Trusts Act, 1882 with Section 1, Judges, Religious Charity, Specific Endowment, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 with Section 34, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 10

Supreme Court on Specific Endowments: Idol of Sri Renganathaswamy vs. P K Thoppulan Chettiar (2020) LEGAL ISSUE: Whether a deed of settlement creates a specific endowment for a religious charity, and the implications for the sale of the property. CASE TYPE: Religious and Charitable Endowments Law Case Name: The Idol of Sri Renganathaswamy Represented by

Specific Endowment Defined: Supreme Court rules on Religious Charity in Idol of Sri Renganathaswamy vs. P K Thoppulan Chettiar (2020) Read Post »

Supreme Court Upholds Right to Alienate Property Despite Gift Deed Restriction: Sridhar vs. N. Revanna (2020)

/ Alienation of Property, Ashok Bhushan, Gift Deeds, Judges, Navin Sinha, Property Law, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 10, Transfer of Property Act, 1882 with Section 13

Supreme Court Upholds Right to Alienate Property Despite Gift Deed Restriction: Sridhar vs. N. Revanna (2020) LEGAL ISSUE: Whether a condition in a gift deed restricting the donee’s right to alienate the property is valid under the Transfer of Property Act, 1882. CASE TYPE: Civil Law – Property Transfer Case Name: Sridhar & Anr. vs.

Supreme Court Upholds Right to Alienate Property Despite Gift Deed Restriction: Sridhar vs. N. Revanna (2020) Read Post »

Supreme Court Clarifies Specific Performance in Property Reconveyance: C.S. Venkatesh vs. A.S.C. Murthy (2020)

/ Deepak Gupta, Judges, Mortgage, Property Law, Readiness and Willingness, S. Abdul Nazeer, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58(c)

Supreme Court Clarifies Specific Performance in Property Reconveyance: C.S. Venkatesh vs. A.S.C. Murthy (2020) LEGAL ISSUE: Whether a sale deed can be considered as security for a loan, and the requirements for proving readiness and willingness in a specific performance suit for reconveyance of property. CASE TYPE: Civil (Specific Performance) Case Name: C.S. Venkatesh vs.

Supreme Court Clarifies Specific Performance in Property Reconveyance: C.S. Venkatesh vs. A.S.C. Murthy (2020) Read Post »

Supreme Court clarifies tenant rights under the Madras City Tenants’ Protection Act: Bharat Petroleum Corporation Ltd. vs. R. Chandramouleeswaran (28 January 2020)

/ Judges, Krishna Murari, Madras City Tenants’ Protection Act, 1921, Madras City Tenants’ Protection Act, 1921 with Section 12, Madras City Tenants’ Protection Act, 1921 with Section 2(4), Madras City Tenants’ Protection Act, 1921 with Section 9, N.V. Ramana, Sanjiv Khanna, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 108(h)

Supreme Court Clarifies Tenant Rights Under Madras City Tenants’ Protection Act: Bharat Petroleum vs. R. Chandramouleeswaran (2020) Date of the Judgment: 28 January 2020 Citation: [Not Available in Source] Judges: N.V. Ramana, J., Sanjiv Khanna, J., Krishna Murari, J. Can a tenant who has sublet a property claim the right to purchase the land under

Supreme Court clarifies tenant rights under the Madras City Tenants’ Protection Act: Bharat Petroleum Corporation Ltd. vs. R. Chandramouleeswaran (28 January 2020) Read Post »

Property Rights and Second Appeals: Supreme Court Orders Reconsideration in Gajaraba Bhikhubha Vadher Case (2020)

/ A.S. Bopanna, Civil Procedure Code, Civil Procedure Code with Order 20 Rule 6, Civil Procedure Code with Section 100, Civil Procedure Code with Section 96, Hrishikesh Roy, Judges, R. Banumathi, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 52

Supreme Court Remands Property Dispute Case: Gajaraba Bhikhubha Vadher & Ors. vs. Sumara Umar Amad (D) Thru Legal Heirs & Ors. (2020) LEGAL ISSUE: Whether the High Court appropriately addressed substantial questions of law in a second appeal concerning a property dispute. CASE TYPE: Civil Property Dispute Case Name: Gajaraba Bhikhubha Vadher & Ors. vs.

Property Rights and Second Appeals: Supreme Court Orders Reconsideration in Gajaraba Bhikhubha Vadher Case (2020) Read Post »

Supreme Court Intervenes in Rent Dispute: Espire Infolabs vs. Sadhana Foundation (2019)

/ Deepak Gupta, Eviction Petition, Judges, Lease Agreement, Provisional Rent, Rent Control Laws, S. Abdul Nazeer, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 105

Supreme Court Intervenes in Rent Dispute: Espire Infolabs vs. Sadhana Foundation (2019) LEGAL ISSUE: Determination of provisional rent and the validity of a subsequent lease agreement in a rent dispute. CASE TYPE: Civil (Rent Dispute) Case Name: M/S Espire Infolabs Pvt Ltd vs. Sadhana Foundation Judgment Date: December 09, 2019 Introduction Date of the Judgment:

Supreme Court Intervenes in Rent Dispute: Espire Infolabs vs. Sadhana Foundation (2019) Read Post »

Supreme Court Clarifies Capital Gains Tax on Property Transfer: Seshasayee Steels vs. ACIT (2019)

/ Aniruddha Bose, Income Tax Act, 1961, Income Tax Act, 1961 with Section 144, Income Tax Act, 1961 with Section 2(47), Judges, R.F. Nariman, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A, V. Ramasubramanian

Supreme Court Clarifies Capital Gains Tax on Property Transfer: Seshasayee Steels vs. ACIT (2019) LEGAL ISSUE: Determining the point of transfer for capital gains tax on immovable property under the Income Tax Act, 1961, specifically concerning agreements to sell and subsequent compromise deeds. CASE TYPE: Income Tax Law Case Name: M/s Seshasayee Steels P. Ltd.

Supreme Court Clarifies Capital Gains Tax on Property Transfer: Seshasayee Steels vs. ACIT (2019) Read Post »

Supreme Court clarifies assignment of contract rights in property sale: Kapilaben vs. Ashok Kumar (2019)

/ Aniruddha Bose, Contingent Contract, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 40, Indian Contract Act, 1872 with Section 53, Judges, Mohan M. Shantanagoudar, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 15(b), Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 40

Supreme Court clarifies assignment of contract rights in property sale: Kapilaben vs. Ashok Kumar (2019) LEGAL ISSUE: Whether a contract for sale of property can be assigned to a third party without the consent of the original seller? CASE TYPE: Civil Law – Specific Performance Case Name: Kapilaben & Ors. vs. Ashok Kumar Jayantilal Sheth

Supreme Court clarifies assignment of contract rights in property sale: Kapilaben vs. Ashok Kumar (2019) Read Post »

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