Supreme Court Upholds Committee of Creditors’ Commercial Wisdom in Essar Steel Insolvency Resolution Date of the Judgment: 15 November 2019 Citation: (2019) INSC 1067 Judges: R.F. Nariman, J., Surya Kant, J., V. Ramasubramanian, J. Can a resolution plan approved by a Committee of Creditors be overturned by the National Company Law Appellate Tribunal (NCLAT)? The […]
Supreme Court Allows Substitution of Plaintiff in Property Dispute: Pruthvirajsinh Nodhubha Jadeja vs. Jayeshkumar Chhakaddas Shah (2019) Date of the Judgment: October 04, 2019 Citation: Not Available Judges: Deepak Gupta, J., Aniruddha Bose, J. Can a person who buys a property during the pendency of a lawsuit about that property be added as a plaintiff
Supreme Court Upholds Gift Deed Validity: Govindbhai Chhotabhai Patel vs. Patel Ramanbhai Mathurbhai (2019) Date of the Judgment: 23 September 2019 Citation: (2019) INSC 938 Judges: L. Nageswara Rao, J., Hemant Gupta, J. Can a gift deed be challenged if the donor’s sons claim the property is ancestral? The Supreme Court of India addressed this
Supreme Court Allows Amendment of Plaint to Include Necessary Party in Property Dispute: Kamlesh Gupta vs. Mangat Rai (2019) LEGAL ISSUE: Whether a court can allow the amendment of a plaint to include a necessary party after the commencement of the trial. CASE TYPE: Civil Property Dispute Case Name: Kamlesh Gupta vs. Mangat Rai &
Supreme Court Upholds Gift Deed Validity: Illoth Valappil Ambunhi vs. Kunhambu Karanavan (2019) LEGAL ISSUE: Validity of a gift deed and its subsequent cancellation. CASE TYPE: Civil Law – Property Dispute Case Name: Illoth Valappil Ambunhi (D) By Lrs. vs Kunhambu Karanavan [Judgment Date]: 19 September 2019 Date of the Judgment: 19 September 2019 Citation:
Tenant’s Right to Appeal Ownership: Supreme Court Decision in Mohan Chandra Tamta vs. Ali Ahmad (2019) LEGAL ISSUE: Can a tenant appeal a court’s finding on property ownership when the claimed owner (mortgagee) has not challenged that finding? CASE TYPE: Civil Law – Property Dispute Case Name: Mohan Chandra Tamta (Dead) Thr. Lrs. vs. Ali
Supreme Court Decides on Mortgage by Conditional Sale: Ganpati Babji Alamwar vs. Digambarrao Venkatrao Bhadke (2019) LEGAL ISSUE: Whether a transaction constitutes a mortgage by conditional sale or a sale with an option to repurchase. CASE TYPE: Property Law Case Name: Ganpati Babji Alamwar (D) By LRs. Ramlu And Others vs. Digambarrao Venkatrao Bhadke And
Supreme Court Clarifies Tenant Rights Under SARFAESI Act: Bajarang Agarwal vs. Central Bank of India (2019) LEGAL ISSUE: The interplay between the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and the rights of tenants, particularly concerning eviction from mortgaged properties. CASE TYPE: Real Estate/Mortgage Law, focusing on
Supreme Court Upholds Bank’s Sale of Mortgaged Property Under SARFAESI Act: Shakeena vs. Bank of India (2019) LEGAL ISSUE: Whether the sale of a secured asset under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is complete upon issuance of a sale certificate, or only upon registration
Supreme Court Upholds Right of Way: Dr. S. Kumar & Ors. vs. S. Ramalingam (2019) LEGAL ISSUE: Whether a subsequent sale deed can grant exclusive rights over a pathway when a prior sale deed has already reserved easement rights over the same pathway. CASE TYPE: Property Law, Easement Rights Case Name: Dr. S. Kumar &
Supreme Court Clarifies Mortgage by Conditional Sale: Sopan vs. Syed Nabi (2019) Date of the Judgment: July 16, 2019 The Supreme Court of India addressed a critical question regarding the interpretation of sale deeds and related agreements in the context of mortgage by conditional sale. The core issue revolved around whether a sale deed, accompanied
Supreme Court Clarifies Mortgage by Conditional Sale: Sopan vs. Syed Nabi (2019) Read Post »
Supreme Court Upholds Specific Performance of Sale Agreement: R Lakshmikantham vs Devaraji (2019) LEGAL ISSUE: Whether time was of the essence in a sale agreement and whether the plaintiff was ready and willing to perform his part of the contract. CASE TYPE: Civil – Specific Performance of Contract Case Name: R Lakshmikantham vs Devaraji [Judgment
