Supreme Court Clarifies Coparcenary Property Rights: Arshnoor Singh vs. Harpal Kaur (2019) LEGAL ISSUE: Determination of whether property inherited by a male Hindu from his paternal ancestors is coparcenary property and the validity of sale deeds of such property. CASE TYPE: Property Law Case Name: Arshnoor Singh vs. Harpal Kaur & Ors. Judgment Date: July […]
Supreme Court Upholds Eviction Order: Kumud Salunke vs. Pandurang Gandhewar (2019) LEGAL ISSUE: Whether the High Court can interfere with the findings of the Appellate Authority under the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, when the Appellate Authority has considered the requirements of Section 22(4) of the Act. CASE TYPE: Civil Appeal
Supreme Court Upholds Eviction Order: Kumud Salunke vs. Pandurang Gandhewar (2019) Read Post »
Supreme Court Upholds Family Settlement, Rejects High Court’s View on Registration: Thulasidhara vs. Narayanappa (2019) LEGAL ISSUE: Whether an unregistered family settlement document requires mandatory registration to be admissible as evidence and whether a party can challenge a sale deed without filing a separate suit. CASE TYPE: Civil (Property Dispute) Case Name: Thulasidhara & Another
Supreme Court clarifies distinction between mortgage by conditional sale and sale with repurchase option LEGAL ISSUE: Whether a transaction is a mortgage by conditional sale or a sale with a condition to repurchase when the sale and agreement to repurchase are in the same document. CASE TYPE: Property Law Case Name: Dharmaji Shankar Shinde and
Supreme Court Settles the Need for Notice Under Section 106 of the Transfer of Property Act in Lease Disputes: Sevoke Properties Ltd. vs. West Bengal State Electricity Distribution Company Ltd. (2019) Date of the Judgment: April 11, 2019 Citation: 2019 INSC 377 Judges: Dr Dhananjaya Y Chandrachud, J, Hemant Gupta, J. Can a suit for
Supreme Court Upholds Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019) LEGAL ISSUE: Whether a transaction can be deemed a mortgage by conditional sale when the condition for re-transfer is in a separate document, despite Section 58(c) of the Transfer of Property Act, 1882. CASE TYPE: Property Law/Mortgage
Supreme Court Clarifies Bhumidhari Rights Transfer in Land Dispute LEGAL ISSUE: Whether a sale deed for land is valid if executed by a Sirdar tenant before the grant of a Bhumidhari Sanad, and the effect of the Uttar Pradesh Land Laws (Amendment) Act, 1977 on pending applications for Bhumidhari rights. CASE TYPE: Civil Law, Land
Supreme Court Clarifies Arbitrability of Landlord-Tenant Disputes Under Transfer of Property Act: Vidya Drolia vs. Durga Trading Corporation (2019) LEGAL ISSUE: Whether disputes between a landlord and tenant under the Transfer of Property Act, 1882, are arbitrable. CASE TYPE: Arbitration Law, Property Law Case Name: Vidya Drolia & Ors. vs. Durga Trading Corporation Judgment Date:
Supreme Court Upholds Gift Deed Validity: Jagdish Chander vs. Satish Chander (2019) LEGAL ISSUE: Whether a registered gift deed can be invalidated on the grounds of alleged consideration, when the document itself indicates that the mentioned amount is for valuation purposes only. CASE TYPE: Civil Law – Property Dispute Case Name: Jagdish Chander vs. Satish
Supreme Court allows slum redevelopment despite lease claim: Lullu Vas vs. State of Maharashtra (2019) LEGAL ISSUE: Whether a claim of leasehold rights can prevent the implementation of a slum redevelopment scheme under the Maharashtra Slum Areas Act, 1971. CASE TYPE: Civil Appeal (Slum Redevelopment) Case Name: Lullu Vas (Since Deceased) Through Lrs vs. State
Supreme Court Upholds Unearned Increase on Leasehold Property Transfers: DDA vs. Karamdeep Finance (2019) LEGAL ISSUE: Whether an auction purchaser of a leasehold property is liable to pay unearned increase to the Delhi Development Authority (DDA). CASE TYPE: Property Law, specifically concerning leasehold rights and government auctions. Case Name: Delhi Development Authority vs. M/s. Karamdeep
Supreme Court on Mortgage Redemption: Gowramma vs. Kalingappa (2019) Date of the Judgment: 08 February 2019 Citation: (2019) INSC 123 Judges: L. Nageswara Rao, J. and M. R. Shah, J. Can a mortgage be considered extinguished if the mortgagee receives the mortgage amount and possession is handed over, even without a formal endorsement on the
