Category: Property Law
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Law in 100 Words | Part 15 | Section 6 of the Specific Relief Act; Speedy recovery of possession (Guest Post)
Section 6 of Specific Relief act, 1963 (hereinafter referred as SRA), obligates a court to provide summary relief to a person who is dispossessed without his consent of immovable property & without following the due process of law. The object of Section 6 of SRA is to provide immediate and speedy relief to a person who has been unjustly and…
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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…
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Judgments without Tears | Part 1 | ‘Vineeta Sharma v. Rakesh Sharma’ | Supreme Court on Daughter’s Coparcenary Rights.
This is the first in a series of posts titled ‘Judgments without tears’ where we try to make complex judgments accessible and fun. Let me try unpacking Vineeta Sharma v. Rakesh Sharma delivered on 11.08.2020. A 122 page judgment and certainly not the easiest to read. But this is an important judgment and a progressive…
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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,…
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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…
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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…
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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…
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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…
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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…
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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…
The Blog of Bharat Chugh 