JUDGMENTS WITHOUT TEARS | PART II | Satish Chander Ahuja vs. Sneha Ahuja (GUEST POST)

This is the second in a series of posts titled ‘Judgments without tears’ where we try to make complex judgments accessible and fun. A guest post by my dear friend and super talented Vishal Vyas. Let me try unpacking Satish Chander Ahuja vs. Sneha Ahuja delivered on 15.10.2020. A 151 page judgment but a well-reasoned judgment under … Continue reading JUDGMENTS WITHOUT TEARS | PART II | Satish Chander Ahuja vs. Sneha Ahuja (GUEST POST)

Understanding the Benami Law in India: Frequently Asked Questions

In the last few months, we have seen a major crackdown on Benami properties and their owners by the Government. Specialised Anti-Benami units have been set up by the Income Tax department across the country and in almost every state and thousands of properties already stand attached under the Prohibition of Benami Property Transactions Act, … Continue reading Understanding the Benami Law in India: Frequently Asked Questions

Delhi High Court on the law of irrevocable power of attorney(s) and ‘agency coupled with interest’ in the context of GPA/Agreement to Sell transactions.

Case Note on : Vimla Devi v. Pushpa Devi and Anr- 2017 SCC OnLine Del 8694 In this case, Hon’ble High Court of Delhi had the occasion of examining the above question. The facts of the case lie in a very narrow conspectus: Plaintiff’s case             Conventional (purported) sale documents The Plaintiff/Appellant claimed that she was the … Continue reading Delhi High Court on the law of irrevocable power of attorney(s) and ‘agency coupled with interest’ in the context of GPA/Agreement to Sell transactions.

Stamping of insufficiently stamped documents and procedure of impounding by Court

Stamping of agreements/deeds is governed by the Indian Stamp Act, 1899 (“the Stamp Act”). If the document is not sufficiently stamped, then by virtue of Section 35 of the Stamp Act there is a bar on ‘admitting’ such a document in evidence or acting upon it. Section 36 of the Stamp Act tells us that … Continue reading Stamping of insufficiently stamped documents and procedure of impounding by Court

Demystifying law of liquidated damages under Indian Contract Act

Law of Liquidated Damages and Penalty (S.74 of the Indian Contract Act)  When the contract mentions a ‘specific amount’  to be paid as compensation in case of breach :  Whether that amount is ‘conclusive’ and bars any enquiry by the court into actual loss/damages suffered; Whether the claiming party is obviated from proving the ‘actual loss’; Whether … Continue reading Demystifying law of liquidated damages under Indian Contract Act

Property Tip for landlords having property in India

In what comes as a huge respite to landlords (especially NRIs holding property in India) the Supreme Court has in a decision come down heavily upon servants/agents/caretakers/tenants/licensee’s of owners – who try to usurp property by indulging in uncalled for litigation against real owners, by abusing the process of courts, and taking benefit of the delays in the justice delivery system. It was … Continue reading Property Tip for landlords having property in India

Supreme Court on the Basics of Law of Partition

Comment : In this case the court was faced with a query "whether there is a period of limitation for filing an application for passing of final decree (metes and bounds partition) after prelininary decree declaring their shares is passed ? Court held  N O - as suit is still on hold and is not disposed … Continue reading Supreme Court on the Basics of Law of Partition

Amendment of Plaint to prevent partial partition – application by defendant ?

The question raised in this civil revision petition is as to whether under Order VI, Rule 17 of the Civil Procedure Code, amendment of the plaint in a partition suit can be allowed at the instance of the defendants? Court held yes - since holistically in partition suit there are no judgment debtors and strict … Continue reading Amendment of Plaint to prevent partial partition – application by defendant ?

Burden of Proving good faith of transactions hit by undue influence

Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul ... vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR 2003 SC 4351, 2004 (1) JCR 30 SC Author: A Pasayat Bench: D Raju, A Pasayat JUDGMENT Arijit Pasayat, J. 1. Leave granted. 2. By the impugned judgment, learned Single Judge … Continue reading Burden of Proving good faith of transactions hit by undue influence