Articles

14th Apr, 2022

Section 10 of the Code of Civil Procedure does not lay an embargo in proceeding with Arbitration during Pendency of insolvency proceedings

In the matter of Tata Capital Financial Services Ltd. v Naveen Kachru Proprietor, Arb. Pet. 295/2021 decided on 06.04.2022 by the Delhi High Court. Facts The Petitioner (Tata Financial Services Ltd.) filed a Petition before […]

12th Apr, 2022

Scope and ambit of Section 14(1)(e) vis a vis Section 25B(8) of the Delhi Rent Control Act and the powers of the High Court relating thereto

In the matter of Abid-ul-Islam Vs. Inder Sain Dua, Civil Appeal No. 9444 of 2016, decided by the Hon’ble Supreme Court of India on 07.04.2022 Facts of the Case- The Appellant being the LR of […]

4th Apr, 2022

Parties cannot be allowed to approbate and reprobate and to take just a contrary stand before two different authorities/courts.

In the matter of Premlata @ Sunita Vs. Naseeb Bee & Ors., Civil Appeal No. 2055-2056 of 2022, decided by the Hon’ble Supreme Court of India on 23.03.2022 Facts of the case- The appellant/original plaintiff […]

4th Apr, 2022

The Courts should exercise the power of judicial review with a lot of restraint, particularly in commercial and contractual matters

In the matter of State of Punjab and ors. v Mehar Din, Civil Appeal No.(s) 5861 of 2009 decided on 02.03.2022 FACTS The sub-urban properties are to be disposed of in terms of the procedure […]

23rd Mar, 2022

Contempt jurisdiction would not cease merely because order is executable

The Hon’ble Supreme Court (hereinafter referred to as SC) vide its order dated 10.03.2022 in the matter of “Urban Infrastructure Real Estate Fund vs. Dharmesh S. Jain & Anr., Contempt Petition (C) no. 940 of […]

22nd Mar, 2022

The executing court has to follow the procedure laid down in Order XXI Rule 34, where the decree in question provides for execution of a document.

In the matter of Rajbir Vs. Suraj Bhan & Anr., Civil Appeal No. 1700 of 2022, decided by the Hon’ble Supreme Court on 28.02.2022 Facts of the case: The Respondents filed for execution of decree […]

22nd Mar, 2022

The courts would be slow in interfering in the policy matters, unless the policy is found to be clearly discriminatory and arbitrary

In the matter of Satya Dev Bhagaur & ors. v State of Rajasthan and ors. [Civil Appeal No. 1422 of 2022] decided by the Hon’ble Supreme Court on 17.02.2022. FACTS The Respondent (State of Rajasthan) […]

10th Mar, 2022

Principle of Restitution not applicable when party claiming it is equally or more responsible for illegality of contract

In the matter of Loop Telecom and Trading Limited vs Union of India [CA 1447-1467 of 2016] decided by the Hon’ble Supreme Court on 03.03.2022 FACTS: In this case the Appellant namely, Loop Telecom […]

8th Mar, 2022

Mere filing of representation before authorities does not extend limitation period

In the matter of Surjeet Singh Sahni vs State of U.P. [SLP (C) 3008 of 2022] decided by the Hon’ble Supreme Court on 28.02.2022 FACTS: That the petitioner entered into a Sale Deed with […]

1st Mar, 2022

Grant of leave to defend is the ordinary rule; denial is an exception

In the matter of B.L. Kashyap v Sons ltd. v M/s JMS Steels and Power Corporation and Anr. [Civil Appeal No. 379 of 2022] decided by Hon’ble Supreme Court on 18.01.2022. FACTS The Plaintiff-Respondent No.1 […]

28th Feb, 2022

Compensation in lieu of or in addition to the relief of specific performance cannot be granted unless specifically prayed for.

In the matter of Universal Petro Chemicals Ltd. VS. B. P. PLC & Ors, Civil Appeal No. 3127 of 2009, decided by the Hon’ble Supreme Court of India on 18.02.2022. Facts of the Case- The […]

25th Feb, 2022

Pure business to business disputes cannot be construed as consumer disputes

Factual Matrix: The Hon’ble Supreme Court vide its judgment dated 22.02.2022 in the matter of “Shrikant G. Mantri vs. Punjab National Bank, C.A. 11397/2016” had the occasion to deal with whether a ‘pure business to […]

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