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. […]
Category: Property Law
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]