Topic

Supreme Court of India

22 articles

Property Law

An agreement to sell, an irrevocable power of attorney and a will, however carefully assembled, do not add up to a sale. The Supreme Court's 2011 reference judgment remains the starting point for any due-diligence review of a property held on such papers.

7 min read
Property Law

A bidder for a Sonepat land parcel sold in IBC liquidation paid a quarter of its bid, then asked for the title deeds and missed the deadlines. The Supreme Court held that the auction notice's forfeiture clause governed, and that the Liquidation Process Regulations' silence on forfeiture did not help the bidder.

14 min read
Property Law

A mortgaged hill resort, a sale certificate issued to a firm that did not bid, and a bid received while a tribunal's restraint was in force: the Supreme Court held that the auction was illegal in its entirety, and that the finality attaching to auction sales is earned only by compliance with the statutory procedure.

14 min read
Property Law

A 47-appeal batch on land taken for a drain in Fazilka. The Supreme Court rejects a distance-based valuation model, moves the severance baseline to the land left behind, and reaffirms that solatium attaches only to the value of the land.

14 min read
Property Law

In Bombay Garage Ahmedabad Limited v. J P Iscon Private Limited, the Supreme Court held that a withdrawn suit for injunction simpliciter, filed without leave to claim specific performance, bars a later suit for that relief, and that a heavy burden on the plaintiff to prove a concluded oral contract is not discharged by the defendants' evasive evidence.

13 min read
Property Law

In Ganapati v. Prabhakar, the Supreme Court dismissed a decades-old title suit, holding that a Hindu widow's half-share on her husband's intestate death under Section 3(2) of the Hindu Women's Rights to Property Act, 1937 matures into full ownership under Section 14(1) of the Hindu Succession Act, 1956 without any requirement that she first obtain a partition or prove possession as owner — a widow's will disposing of that share, and a sale by her legatee, therefore stood.

14 min read
Property Law

In John Mathew v. Santha Paul, the Supreme Court set aside a decade of rulings on limitation in a suit challenging a power-of-attorney sale deed, holding that Order XIV Rule 2(2) CPC permits a qualifying issue to be tried first only before the court has embarked on a composite trial of all issues — not after evidence has already been led. The Court also left open, for retrial, whether the suit is governed by the three-year period for cancelling an instrument or the twelve-year period for recovering possession.

13 min read
Property Law

In New Okhla Industrial Development Authority v. Rajveer Singh, the Supreme Court rejected a Section 28A claim filed after a second appellate order that simply followed an earlier appellate enhancement in the same village, holding that the three-month limitation had already run from the first enhancement and could not be revived by a later order adding nothing new.

13 min read
Property Law

In Sobaran Singh v. Gordhan Singh, the Supreme Court reversed a High Court order that had upheld a trial court's findings on a decades-old specific performance suit, yet substituted the decreed sale with a large cash payment 'to maintain equity.' The Court restored the original 1979 decree, holding that once the buyer's readiness and willingness stood affirmed and the sale had already been executed through the court in 1979, there was no discretionary room left to convert the transaction into compensation four and a half decades later, particularly where the buyer had been in continuous possession throughout.

13 min read
Property Law

Deciding an appeal arising from a decades-old encroachment dispute over land in Hyderabad, the Supreme Court held that lessees claiming through a trust could not invoke Article 226 to protect their possession once the trust itself — after losing before the Division Bench and withdrawing its own Special Leave Petition with liberty only to file a fresh suit — was barred from doing so. The lessees' writ petitions, filed in their own names soon after the trust's remedy was confined to a civil suit, were themselves an attempt to keep the writ route open by other means.

12 min read
Property Law

Dismissing an appeal by a Dera's legal representatives, the Supreme Court has held that a party cannot simultaneously claim that land was dedicated to it and that it separately perfected title by adverse possession, and that decades of revenue entries recording rent-free religious possession do not, without more, establish either.

13 min read
Property Law

Dismissing NOIDA's appeal, the Supreme Court has held that a public authority's own policy for excusing stalled construction cannot be read as strictly as a statute, and that a developer left without the frontage its lease deed promised is entitled to relief regardless of whether some other, inferior access existed.

13 min read
Property Law

Deciding a long-running dispute over which compensation regime governs highway land acquisitions, the Supreme Court has held that the reference date is the Competent Authority's own determination of compensation under the National Highways Act, 1956 — not the date the acquisition proceedings began, and not a later arbitral award on a disputed quantum.

13 min read
Property Law

A two-judge Bench of the Supreme Court has cast doubt on a sixteen-year-old precedent requiring proof of dishonest intent before a registering authority can refer an undervalued sale deed for a stamp-duty enquiry — and referred the question to a larger Bench rather than decide it alone.

13 min read
Property Law

A department reopened a forty-year-old land record on the strength of a third-party complaint that a lake was being encroached upon. The Supreme Court held that framing the dispute as one of public interest does not let a revenue authority sidestep a statutory limitation period that had expired decades earlier.

13 min read
Civil & Property Litigation

When a NOIDA-leased housing project collapsed into insolvency, the development authority sought years of penalty charges for the developer's own delay from the very homebuyers who had pooled their savings to finish construction. The Supreme Court says the penalty stays with the developer.

13 min read
Civil & Property Litigation

Three home and business borrowers argued that a debt born outside SARFAESI's reach cannot be dragged into it later just because a bank buys the loan. The Supreme Court disagreed, and the ruling reaches every residential flat standing behind an assigned NBFC mortgage.

13 min read
Civil & Property Litigation

A claim to a cooperative society plot that began in 1952 has finally ended, seventy-four years and one prior Supreme Court round later — decided not on the equities of land allotment but on how far a writ court may go in re-examining a tribunal's finding of fact.

14 min read
Indirect Tax & GST

A port trust argued that its custody of imported cargo came from its own constituting statute, so the customs authorities had no power to notify it as a duty-bearing custodian. The Supreme Court draws a careful line between a saving clause and a non obstante clause to reject that argument — while denying the department any actual recovery in the case before it.

13 min read
Indirect Tax & GST

An audit objection, a notice parked in the department's own 'call book', and a bare assertion of suppression were not enough to invoke GST's extended limitation period. The Supreme Court draws a sharp line between reciting the words of Section 74 and actually pleading the facts that justify it.

13 min read
Civil & Property Litigation

A name removed from the revenue record in 1990 did not cost a co-owner his share. This case note works through all four issues the Supreme Court decided in Jamnabai v. Vasudev, from Section 117 of the MP Land Revenue Code to the proviso to Section 34 of the Specific Relief Act.

14 min read
Civil & Property Litigation

The buyers may well have been able to pay. They still lost the property. This case note examines how inconsistent conduct, a retaliatory FIR and two decades of delay defeated a decree of specific performance.

14 min read