Date of the Judgment: January 29, 2025 Citation: 2025 INSC 121 Judges: Justice J.B. Pardiwala and Justice R. Mahadevan. This was a unanimous decision. Can a subsequent purchaser of a property, who was not a party to the original suit, appeal a decree for specific performance? The Supreme Court of India recently addressed this question, […]
Supreme Court Upholds Auction, Settles Contempt in SARFAESI Act Case Date of the Judgment: 13 December 2024 Citation: (2024) INSC 978 Judges: J.B. Pardiwala, J., Manoj Misra, J. Can a borrower bypass the legal process and prevent a successful auction purchaser from taking possession of a property? The Supreme Court of India, in a recent
Supreme Court Clarifies Requirements for Valid Compromise Decrees in Property Disputes Date of the Judgment: 15 July 2024 Citation: (2024) INSC 527 Judges: Justice Vikram Nath and Justice Prashant Kumar Mishra Can a simple statement in court lead to a valid compromise decree, especially when it concerns property rights? The Supreme Court of India recently
Supreme Court Upholds Possessory Rights in Property Dispute: Shivshankara vs. Vedavyasa (2023) LEGAL ISSUE: Whether prior possession can be the basis of a claim for recovery of possession against a dispossessor who does not have a better title. CASE TYPE: Civil Property Dispute Case Name: Shivshankara & Anr. vs. H.P. Vedavyasa Char [Judgment Date]: March
Supreme Court on Specific Performance of Sale Agreements and Public Policy Date of the Judgment: 18 January 2022 Citation: (2022) INSC 380 Judges: K.M. Joseph, J., Pamidighantam Sri Narasimha, J. Can a contract that appears to violate public policy be enforced? The Supreme Court addressed this critical question in a case concerning the specific performance
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 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 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 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.
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 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 Auction Sale, Dismissing Claim of Bona Fide Purchaser: Siddagangaiah vs. Giriraja Shetty (2018) LEGAL ISSUE: Whether a suit is maintainable to challenge a court auction sale after an application to set aside the sale on grounds of material irregularity has been dismissed. Also, whether a sale during the pendency of a suit
