Transfer of Property Act, 1882 with Section 5

Supreme Court Upholds DDA’s Right to Unearned Increase in Property Transfer After Company Amalgamation: Jaiprakash Industries Ltd. vs. Delhi Development Authority (2024)

/ Companies Act, 1956, Companies Act, 1956 with Section 394, Company Amalgamation, Lease Agreements, Property Law, Transfer of Property, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 5

Supreme Court Upholds DDA’s Right to Unearned Increase in Property Transfer After Company Amalgamation LEGAL ISSUE: Whether the amalgamation of companies results in a ‘transfer’ of leased property, thereby triggering the Delhi Development Authority’s (DDA) right to claim an unearned increase in the value of the property. CASE TYPE: Civil Law, Property Law Case Name: […]

Supreme Court Upholds DDA’s Right to Unearned Increase in Property Transfer After Company Amalgamation: Jaiprakash Industries Ltd. vs. Delhi Development Authority (2024) Read Post »

Supreme Court Sets Aside Specific Performance in Property Sale Agreement: Alagammal vs. Ganesan (2024)

/ Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 5, Transfer of Property Act, 1882 with Section 54, Transfer of Property Act, 1882 with Section 55(f)

Supreme Court Sets Aside Specific Performance in Property Sale Agreement: Alagammal vs. Ganesan (2024) LEGAL ISSUE: Whether specific performance of a sale agreement can be granted when the buyer fails to adhere to the stipulated timelines and a subsequent sale to a third party has occurred. CASE TYPE: Civil – Specific Performance of Contract Case

Supreme Court Sets Aside Specific Performance in Property Sale Agreement: Alagammal vs. Ganesan (2024) Read Post »

Supreme Court clarifies the distinction between assignment and security interest in lease rental discounting: Infrastructure Leasing and Financial Services Ltd vs HDFC Bank Ltd (2023) INSC 929 (19 October 2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 241, Companies Act, 2013 with Section 242, Transfer of Actionable Claims, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 130, Transfer of Property Act, 1882 with Section 5

Supreme Court Clarifies Assignment vs. Security Interest in Lease Rental Agreements Date of the Judgment: 19 October 2023 Citation: (2023) INSC 929 Judges: S. Ravindra Bhat, J., Dipankar Datta, J. Can a lender claim ownership over rental income when a borrower assigns it as security for a loan? The Supreme Court of India recently addressed

Supreme Court clarifies the distinction between assignment and security interest in lease rental discounting: Infrastructure Leasing and Financial Services Ltd vs HDFC Bank Ltd (2023) INSC 929 (19 October 2023) Read Post »

Supreme Court Upholds Sale Deed, Rejects ‘Sham Transaction’ Claim: Damodhar Narayan Sawale vs. Tejrao Bajirao Mhaske (2023)

/ C.T. Ravikumar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 9, Indian Registration Act, 1908, Indian Registration Act, 1908 with Section 17, Judges, M.R. Shah, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 with Section 36A, Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 with Section 36B, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 5, Transfer of Property Act, 1882 with Section 54

Supreme Court Upholds Sale Deed, Rejects ‘Sham Transaction’ Claim: Damodhar Narayan Sawale vs. Tejrao Bajirao Mhaske (2023) LEGAL ISSUE: Whether a registered sale deed can be deemed a sham transaction and void based on claims of it being a collateral security for a loan, and the applicability of the Maharashtra Prevention of Fragmentation and Consolidation

Supreme Court Upholds Sale Deed, Rejects ‘Sham Transaction’ Claim: Damodhar Narayan Sawale vs. Tejrao Bajirao Mhaske (2023) 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 Property Rights: Andhra Pradesh Industrial Infrastructure Corporation vs. S.N. Raj Kumar (2018)

/ A.K. Sikri, Ashok Bhushan, Contract Law, Indian Contract Act, 1872, Judges, Property Law, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 10, Transfer of Property Act, 1882 with Section 5, Transfer of Property Act, 1882 with Section 8

Supreme Court Upholds Property Rights: Andhra Pradesh Industrial Infrastructure Corporation vs. S.N. Raj Kumar (2018) LEGAL ISSUE: Whether a seller can enforce conditions from an allotment letter after executing a sale deed, transferring absolute ownership of property. CASE TYPE: Property Law/Contract Law Case Name: The Andhra Pradesh Industrial Infrastructure Corporation Limited and Others vs. S.N.

Supreme Court Upholds Property Rights: Andhra Pradesh Industrial Infrastructure Corporation vs. S.N. Raj Kumar (2018) Read Post »

Supreme Court Upholds Absolute Gift Under Muslim Law: Sreeramachandra Avadhani vs. Shaik Abdul Rahim (2014)

/ Conditional Gifts, Corpus and Usufruct, Gift (Hiba), Jagdish Singh Khehar, Judges, Muslim Law, Rohinton Fali Nariman, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 5

LEGAL ISSUE: Whether a gift of property under Muslim law, with conditions restricting its use or disposal, is valid. CASE TYPE: Civil Law – Property Law, Gift under Muslim Law Case Name: V. Sreeramachandra Avadhani (D) BY L.RS. vs. Shaik Abdul Rahim & Anr. [Judgment Date]: 21 August 2014 Introduction Date of the Judgment: 21

Supreme Court Upholds Absolute Gift Under Muslim Law: Sreeramachandra Avadhani vs. Shaik Abdul Rahim (2014) Read Post »

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