No Easement by Necessity if alternate Way Exists

The claimant of an easement right wouldn't be entitled to claim the easement right by necessity when there exists an alternative way to access the claimant’s land, apart from the way over which the easement rights were claimed, the Supreme Court (SC) says in Manish Mahendra Gala v Shalini Bhagwan Avatramani [2024 INSC 293].

SC deprecates HC’s Interference in SARFAESI Matters

The Supreme Court (SC) , in PHR Invent Educational Society v UCO Bank & Others, deprecated the High Court's interference in the auction sale proceedings completed by the Bank, on behalf of the borrower, despite having statutory remedy of appeal under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

Stay Orders will not Expire in Six months: SC

In High Court Bar Association Allahabad v State Of Uttar Pradesh & Ors, a Constitutional Bench of the Supreme Court (SC) on 29th February 2024 overturned its 2018 Asian Resurfacing judgment which mandated that the interim orders passed by High Courts staying trials in civil and criminal cases will automatically expire after six months from the date of the order, unless expressly extended by the High Courts.

Attachment of Property before Judgement

The object of attachment before judgement is to prevent any attempt by the defendant to defeat the realisation of the decree that may be passed against him. The attachment aims to prevent the attempt of the defendant to dispose of or remove from the jurisdiction of the court, his immovable property.

Law relating to Injunctions in Civil Cases

Injunction is a judicial order requiring the person to whom it is directed to, to do or refrain from doing a particular act or thing. It is a preventive relief given by a court preventing a party from doing something. Injunctions are of three kinds: temporary, perpetual, or mandatory.

Data Bank should include only Wetlands & Paddylands

The final Data Bank to be prepared in Kerala should contain only the details of the property which are paddy land and wetland as shown on the date on which the Conservation of Paddy Land and Wetland Act 2008 (2008 Act) came into force, says Kerala High Court in Basil v Local Level Monitoring Committee.

Dispose Execution Petition in 6 Months : SC

Executing Court must dispose of the execution proceedings within 6 months from the date of filing which may be extended only by recording reasons in writing for such delay, says the Supreme Court (SC) in Rahul S Shah v Jinendra Kumar Gandhi and Others [ (2021) 6 SCC 418].

Left over Property abutting Road forms its Part

when a person who is having property abutting a public road leaves some property while constructing a compound wall and ultimately the said property became part and parcel of the public road used by all in common, it has to be inferred that the person, who left property outside the compound wall abutting the road in existence, impliedly for deemed to have surrendered the said portion of the property also as public road for his convenience and for the public at large.