Case Analysis

14th Jan, 2018

How is an HUF created after the commencement of Hindu Succession Act 1956?

Delhi High Court recently clarified the position of law in regard to creation/existence of HUF. It was held that an HUF can come into existence prior to passing of the Hindu Succession Act in the […]
1st Sep, 2017

Long possession of property does not entitle to protection from dispossession

The Delhi High Court in Krishan Lal vs. Union of India and Ors. decided on08.08.2017 following the judgment of the Hon’ble Supreme Court in the case of Behram Tejani and Others v. Azeem Jagani (2017) […]
1st Sep, 2017

Ownership by adverse possession

The Delhi High Court in Ved Prakash and Ors. vs. Niranjan Singh on 09.08.2017 stated that in order to establish claim of adverse possession, the first and basic ingredient in law is that the possession […]
1st Sep, 2017

Valuation of a suit property for the purpose of jurisdiction is different from valuation for the purpose of Court fees

The Supreme Court in J. Vasanthi and Ors. Vs.  N. Ramani Kanthammal (D) Rep. by L.Rs. and Ors. Civil Appeal No. 3396 of 2017 on 10.08.2017 stated that proper valuation of a suit property stands on […]
1st Sep, 2017

Essentials of mortgage by conditional sale

The Supreme Court in the matter of Vithal Tukaram Kadam vs Vamanrao Sawalaram Bhosale decided on 9 August, 2017 Civil Appeal Nos. 7245-7246 OF 2011 summarised the essentials of an agreement, to qualify as a […]
10th Aug, 2017

Powers of Police under Section 498A IPC curtailed

The Hon’ble Supreme Court of India in the matter of Rajesh Sharma Vs. State of UP, Criminal appeal no. 1265 of 2017, decided on 27th July, 2017 inter-alia gave the following guidelines in regard to […]
10th Aug, 2017

Power of Court in revision jurisdiction is limited

  The Hon’ble Supreme Court in the matter of Gandhe Vijay Kumar Vs. Mulji, Civil appeal no. 1384 of 2011 decided on 27th July, 2017 while deciding upon the powers of the Hon’ble High Court […]
10th Aug, 2017

Difference between Mortgage by conditional sale and Sale with a condition to repurchase

The Supreme Court of India in the matter of Bibi Fatima vs. M. Ahamed Hussain, Civil Appeal no. 7023/2012, decided on 1st August, 2017 opined on the question that whether a transaction is a mortgage by conditional sale […]
31st Jul, 2017

Readiness and Willingness must continue through out the proceedings

The Calcutta High Court in the matter of Amit Mondal Vs. Pannalal Das decided on 6th July, 2017 has held that Section 16(c) of the Specific Relief Act, provides that, in order to get a […]
31st Jul, 2017

Sale of an immovable property can only be made by Registered instruments

The Supreme Court in the matter of The Greater Bombay Co-operative Bank Limited vs. Nagraj Ganeshmal Jain decided on 26th July, 2017, being Civil Appeal Nos. 009777-009778 of 2017 has reiterated yet again that immoveable […]
31st Jul, 2017

Eviction only when property sublet without the permission of the landlord.

The Supreme Court in the matter Bhairon Sahai (D) vs. Bishamber Dayal (D) decided on 18th July, 2017, while dealing with a petition under Section 14(1)(b) of Delhi Rent Control Act 1958 has held that […]
27th Jun, 2017

INSIGHT TO NATIONAL COMPANY LAW TRIBUNAL #legalupdates

The National Company Law Tribunal (NCLT) was established U/s 408 of The Companies Act, 2013. It was constituted on 1st June 2016 i.e. fourteen years after its introduction by amendment in the Companies Act in […]