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A Marketable Title Is Free From Reasonable Doubt, Not Free From All Claims – Bombay High Court
In effect, a frivolous suit filed by a third party in respect of the property will not be a clog on the title.
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An Agriculturist Is Debarred From Bequeathing Agricultural Land To A Non-Agriculturist Through A Testamentary Disposition
The Supreme Court of India in a landmark decision in the case of Vinodchandra Sakarlal Kapadia v. State Of Gujarat And Ors. [Civil Appeal No. 2573 of 2020] held an assignment of an agricultural land by way of a "will" ...M Mulla Associates - Article
Cancellation Of Registered Documents
A three Judge Bench of the Apex Court in its decision in Satya Pal Anand v. State of M. P. & Ors. held that in the absence of express provision under the Registration Act, 1908 or local law, it is not open to the registering authorities ...M Mulla Associates - Article
Criminal Proceedings Do Not Fall Under The Purview Of The Moratorium Under The Insolvency And Bankruptcy Code, 2016 – Bombay High Court
Recently the Bombay High Court, in Tayal Cotton (P.) Ltd. Vs. State of Maharashtra discussed whether moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 includes criminal proceeding within its ambit.M Mulla Associates - Article
Dissenting Members Of A Co-Operative Society Are Bound By The Development Agreement As Their Identities Are Subsumed Into That Of The Society
The Bombay High Court in a recent case of Westin Sankalp Developers v. Ajay Sikand Rana and Ors., has reiterated its stand that minority or dissenting members of a co-operative housing society have no separate identity ...M Mulla Associates - Article
Contingent Clause In Rent Deed To Increase Rent Each Year Cannot Be Read To Mean That Tenancy Was For More Than A Period Of One Year
The Apex Court vide its judgment dated 17th June, 2020 passed in the case of Siri Chand (Deceased) Thr. LRS. v. Surinder Singh [Civil Appeal No. 2617 of 2020]M Mulla Associates - Article
A Financial Debt Would Have To Be Construed To Include Interest Free Loans Advanced To Finance The Business Operations Of A Corporate Body
The Apex Court in its recent decision in M/s Orator Marketing Pvt. Ltd. vs M/s Samtex Desinz Pvt. Ltd. held that the definition of a financial debt under Section 5(8) of Insolvency and Bankruptcy Code, 2016, ...M Mulla Associates - Article
Starting Point For Limitation In Case Of Suo Moto Correction Of An Award Under Section 34(3) Of The Arbitration And Conciliation Act, 1996
The Apex Court in a recent decision in M/s USS Alliance vs The State of Uttar Pradesh and Ors.M Mulla Associates - Article
A Partnership Deed Cannot Automatically Bind Legal Heirs Of A Deceased Partner Of A Partnership Firm
The Apex Court vide its judgment dated 18th October, 2019 passed in the case of S. P. Misra & Ors. V. Mohd. Laiquddin Khan & Anr., held that a decree...M Mulla Associates - Article
A Plaintiff Cannot Be Compelled To Add Parties Against Whom He Does Not Want To Fight
The Supreme Court of India in its recent Judgment dated 17th July, 2019 in Civil Appeal Nos. 5522-5523 of 2019 Gurmit Singh Bhatia V. Kiran Kant Robinson & Ors. while upholding the Order of the High Court of Chhattisgarh ...M Mulla Associates - Article
An Arbitral Tribunal Is Not Empowered To Pass An Ex Parte Ad Interim Order
The Bombay High Court in its recent decision in Godrej Properties Ltd. vs. Goldbricks Infrastructure Pvt. Ltd. observed that it was unknown to law for an arbitral tribunal to pass an ...M Mulla Associates - Article
Power Of Attorney Is Of No Consequence If Neither Sale Deed Is Executed Nor Any Action Is Taken By Its Holder
The Apex Court in a recent decision in Ghanshyam v. Yogendra Rathi observed that a power of attorney is of no consequence if neither the sale deed is executed nor any action is taken by the holder of the Power of Attorney.M Mulla Associates - Article
Property Of A Hindu Female Dying Intestate
Let's look at a situation where a married Hindu female dies intestate leaving behind her self -acquired properties.M Mulla Associates - Article
A Tenant Cannot Obliterate The Right Of An Owner Of A Property To Undertake Redevelopment
The Petitioner is an owner and landlord of a building situated at Mumbai ("said building"). The contesting Respondents were various tenants of the said building.M Mulla Associates - Article
Bar On Creation Of Security Interest On Agricultural Land Is Not Absolute – Supreme Court On Sarfaesi
The Supreme Court held that compliance of this procedure is mandatory in nature.M Mulla Associates - Article
Sale Deeds Executed Without Consideration Are Void
The Apex Court in its decision in Kewal Krishnan vs Rajesh Kumar and Others held that if a sale deed in respect of an immovable property was executed without payment of price...M Mulla Associates - Article
The Surviving Joint Account Holder Of A Joint Bank Account Is Accountable To The Legal Heirs Of The Deceased First Holder Unless Otherwise Established
The Delhi High Court in its recent decision in Prabha Bennett v. Rohit Sharma & Anr. , reiterated the stand that in a joint bank account, following the death of the first account holder.M Mulla Associates - Article
Rental Compensation Received From A Builder For Redevelopment Of Flats Is A Capital Receipt And Not Liable To Tax
The Income Tax Appellate Tribunal, Mumbai in its decision in Ajay Parasmal Kothari vs Income Tax Officer 30(1)(1)1, observed that even if the assessee...M Mulla Associates - Article
Invocation Of Section 37 Of Arbitration And Conciliation Act, 1996 By A Non-Signatory To The Arbitration Agreement
While dealing with the issue regarding the locus of a non-signatory to the arbitration agreement under the Arbitration and Conciliation Act, 1996...M Mulla Associates - Article
Sale Certificate Issued By An Authorised Officer Pursuant To Confirmation Of An Auction Sale Is Not Compulsorily Registrable
The Apex Court in its recent decision in The State of Punjab and Anr. Vs M/s Ferrous Alloy Forgings Pvt. Ltd. and Others , held that a sale certificate issued to the purchaser in pursuance of the confirmation of an auction sale was merely evidence of such title and did not require registration under Section 17(1) of the Registration Act, 1908.M Mulla Associates