Supreme Court clarifies distinction between mortgage by conditional sale and sale with option to repurchase: Ganpati Babji Alamwar vs. Digambarrao Venkatrao Bhadke (2019)

/ Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Article 61(a), Mortgage, Navin Sinha, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58(c), Transfer of Property Act, 1882 with Section 67

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 distinction between mortgage by conditional sale and sale with option to repurchase: Ganpati Babji Alamwar vs. Digambarrao Venkatrao Bhadke (2019) Read Post »

Supreme Court Upholds Conviction in Murder Case Based on Eyewitness Testimony: Prabhash Kumar Singh vs. State of Bihar (2019)

/ Aniruddha Bose, Deepak Gupta, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indian Penal Code, 1860 with Section 34, Judges, Offences Against Human Body

Supreme Court Upholds Conviction in Murder Case Based on Eyewitness Testimony: Prabhash Kumar Singh vs. State of Bihar (2019) LEGAL ISSUE: Whether the conviction for murder can be upheld based on eyewitness testimony and medical evidence, even if the weapon is not recovered and there’s no charring on the body from a close-range gunshot. CASE

Supreme Court Upholds Conviction in Murder Case Based on Eyewitness Testimony: Prabhash Kumar Singh vs. State of Bihar (2019) Read Post »

Tenant’s Right to Appeal Ownership: Supreme Court Decision in Mohan Chandra Tamta vs. Ali Ahmad (2019)

/ Aniruddha Bose, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order 41, Deepak Gupta, Judges, Mortgage Law, Property Law, Tenancy Rights, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58

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

Tenant’s Right to Appeal Ownership: Supreme Court Decision in Mohan Chandra Tamta vs. Ali Ahmad (2019) Read Post »

Supreme Court clarifies definition of “built-up area” under EIA Notification in Goel Ganga Developers vs. Union of India (2019)

/ Aniruddha Bose, Built-up Area, Deepak Gupta, Environment Impact Assessment (EIA) Notification, Environment Impact Assessment (EIA) Notification, 2006, Environment Law, Environmental Clearance, Item No. 8, Environment Impact Assessment (EIA) Notification, 2006, Judges

Supreme Court Clarifies “Built-Up Area” Under EIA Notification: Goel Ganga Developers vs. Union of India (2019) LEGAL ISSUE: Interpretation of “built-up area” under the Environment Impact Assessment (EIA) Notification. CASE TYPE: Environmental Law Case Name: M/S. GOEL GANGA DEVELOPERS INDIA PVT. LTD. vs. UNION OF INDIA [Judgment Date]: September 11, 2019 Introduction Date of the

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Supreme Court Denies Specific Performance to Vendee for Non-Payment of Rent: Surinder Kaur vs. Bahadur Singh (2019)

/ Aniruddha Bose, Deepak Gupta, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 51, Judges, Reciprocal Promises, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Specific Relief Act, 1963 with Section 20

Supreme Court Denies Specific Performance to Vendee for Non-Payment of Rent: Surinder Kaur vs. Bahadur Singh (2019) LEGAL ISSUE: Whether a vendee who fails to fulfill a promise in a contract can be granted specific performance of that contract. CASE TYPE: Contract Law, Specific Performance Case Name: Surinder Kaur (D) Thr. Lr. Jasinderjit Singh (D)

Supreme Court Denies Specific Performance to Vendee for Non-Payment of Rent: Surinder Kaur vs. Bahadur Singh (2019) Read Post »

Supreme Court Upholds Sale Deed, Undue Influence Not Proven: Raja Ram vs. Jai Prakash Singh (2019)

/ Burden of Proof, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 16, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 111, Indira Banerjee, Judges, Navin Sinha, Undue influence

Supreme Court Upholds Sale Deed, Undue Influence Not Proven: Raja Ram vs. Jai Prakash Singh (2019) LEGAL ISSUE: Whether a sale deed executed by an elderly person was obtained under undue influence. CASE TYPE: Civil Law – Transfer of Property Case Name: Raja Ram vs. Jai Prakash Singh and Others Judgment Date: 11 September 2019

Supreme Court Upholds Sale Deed, Undue Influence Not Proven: Raja Ram vs. Jai Prakash Singh (2019) Read Post »

Supreme Court clarifies the rights of tenants under the SARFAESI Act in mortgage disputes: Bajarang Agarwal vs. Central Bank of India (2019)

/ Enforcement of Security Interest, Indira Banerjee, Judges, Leases of Immovable Property, Mohan M. Shantanagoudar, N.V. Ramana, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13, SARFAESI Act, 2002 with Section 14, Transfer of Property Act, Transfer of Property Act with Section 107

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 clarifies the rights of tenants under the SARFAESI Act in mortgage disputes: Bajarang Agarwal vs. Central Bank of India (2019) Read Post »

Supreme Court Restrains Interference in Church Dispute: Fr. Issac Mattammel vs. St. Mary’s Orthodox Syrian Church (2019)

/ Arun Mishra, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 1 Rule 8, Code of Civil Procedure, 1908 with Section 11, Constitutional Law, Constitutional Law with Article 141, Constitutional Law with Article 144, Judges, M.R. Shah, Res Judicata

Supreme Court Restrains Interference in Church Dispute: Fr. Issac Mattammel vs. St. Mary’s Orthodox Syrian Church (2019) Date of the Judgment: September 6, 2019 Citation: (2019) INSC 859 Judges: Hon’ble Justices Arun Mishra and M.R. Shah Can lower courts disregard Supreme Court decisions? The Supreme Court of India recently addressed this critical question in a

Supreme Court Restrains Interference in Church Dispute: Fr. Issac Mattammel vs. St. Mary’s Orthodox Syrian Church (2019) Read Post »

Supreme Court Upholds Discharge of Army Personnel for False Documents: Ex. Sepoy Surendra Singh Yadav vs. Chief Record Officer (2019)

/ Army Act, 1950, Army Act, 1950 with Section 44, Army Rules, 1954, Army Rules, 1954 with Rule 13, Discharge from Service, Hemant Gupta, Judges, L. Nageswara Rao, Summary Court Martial

Supreme Court Upholds Discharge of Army Personnel for False Documents: Ex. Sepoy Surendra Singh Yadav vs. Chief Record Officer (2019) LEGAL ISSUE: Whether an army personnel can be discharged from service for submitting a false educational certificate, even after being exonerated in a Summary Court Martial for the same offense. CASE TYPE: Service Law Case

Supreme Court Upholds Discharge of Army Personnel for False Documents: Ex. Sepoy Surendra Singh Yadav vs. Chief Record Officer (2019) Read Post »

Supreme Court clarifies pension benefits for Acting Chief Justices: K. Sreedhar Rao vs. Union of India (2019)

/ Arun Mishra, B.R. Gavai, Constitutional Law, Constitutional Law with Article 217, Constitutional Law with Article 223, High Court Judges Act, 1954 with Section 14, Judges, M.R. Shah, Pension Benefits, Service Law

Supreme Court Clarifies Pension Benefits for Acting Chief Justices: K. Sreedhar Rao vs. Union of India (2019) LEGAL ISSUE: Whether an Acting Chief Justice of a High Court is entitled to the same pensionary benefits as a Chief Justice. CASE TYPE: Service Law/Pension Case Name: K. Sreedhar Rao vs. Union of India [Judgment Date]: September

Supreme Court clarifies pension benefits for Acting Chief Justices: K. Sreedhar Rao vs. Union of India (2019) Read Post »

Anticipatory Bail Denied: Supreme Court Addresses Money Laundering in INX Media Case (2019)

/ A.S. Bopanna, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Judges, Prevention of Money-laundering Act, 2002, Prevention of Money-Laundering Act, 2002 with Section 19, Prevention of Money-laundering Act, 2002 with Section 3, Prevention of Money-Laundering Act, 2002 with Section 4, R. Banumathi

Supreme Court Denies Anticipatory Bail in INX Media Money Laundering Case LEGAL ISSUE: Whether anticipatory bail should be granted in cases of economic offenses, particularly those involving money laundering. CASE TYPE: Criminal (Money Laundering) Case Name: P. Chidambaram v. Directorate of Enforcement Judgment Date: 05 September 2019 Date of the Judgment: 05 September 2019 Citation:

Anticipatory Bail Denied: Supreme Court Addresses Money Laundering in INX Media Case (2019) Read Post »

Supreme Court Upholds Admission List for MBBS Sports Quota in Kerala: Jyothir R vs. Sunisha N.S. (2019)

/ Admission Process, Education Law, Indu Malhotra, Judges, KEAM, Kerala State Education, MBBS Admissions, Medical Admissions, Sanjiv Khanna, Sports Quota

Supreme Court Upholds Admission List for MBBS Sports Quota in Kerala: Jyothir R vs. Sunisha N.S. (2019) LEGAL ISSUE: Whether the High Court was right in upholding the final list of candidates for admission to MBBS course under the Sports Quota. CASE TYPE: Education/Admission Case Name: Jyothir R vs. Sunisha N.S. & Ors. [Judgment Date]:

Supreme Court Upholds Admission List for MBBS Sports Quota in Kerala: Jyothir R vs. Sunisha N.S. (2019) Read Post »

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