Supreme Court

11th Jan, 2019

Former employee not disqualified from acting as an Arbitrator, even after 2015 Amendment to the Arbitration and Conciliation Act 1996

The Supreme Court has held that the Arbitration and Conciliation Act, 1996, does not disqualify a former employee from acting as an arbitrator provided that there are no justifiable doubts as to his independence and […]
11th Jan, 2019

Dismissal of application to file a suit as an indigent person is not a bar against filing an appeal as an indigent person.

The Supreme Court of India held in a judgment that if an application of the person to file a suit as an indigent person under Order 33 of the Code of Civil Procedure 1908 (hereinafter […]
11th Jan, 2019

Readiness and willingness to perform a contract is the most important issue for considering grant of specific performance of a contract

In a recent judgment, the Supreme Court, held that in the present case, readiness and willingness to perform a contract is a question of fact and the same is to be determined during appreciation of […]
8th Jan, 2019

Mere transfer of ownership of vehicle does not absolve the registered owner from liability to a third person

The Supreme Court held that a registered owner cannot wriggle out of liability towards a third person in event of an accident, on the mere pretext of the ownership of the vehicle being transferred, if […]
24th Dec, 2018

Notice under Order 1 Rule 8(2) CPC mandatory for filing ‘Class Action’ Consumer Complaints u/s 12(1)(c) of Consumer Protection Act.

The Supreme Court observed that ‘Class Action’ consumer complaints filed by one or more consumers where there are numerous consumers having the same interest will be maintainable only where the complaint fulfils all the requisite […]
21st Dec, 2018

Section 14 of the Limitation Act is applicable to a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 subject to the mandatory time limit of thirty days

The Apex court reiterated that benefit of Section 5 of the Limitation Act is not applicable to a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 and the time period of thirty […]
19th Dec, 2018

Appeal abates as a whole if legal heirs of deceased defendants are not impleaded and allowing the appeal against remaining respondents would result in two contradictory decrees with respect to the same subject matter

The Supreme Court held that if the interests of the co-defendants are separate, a suit will abate under Order XXII Rule 4 of CPC only as regards the particular interest of the deceased party, however […]
15th Dec, 2018

Any Challenge to appointment of Arbitrator should be raised before the Arbitrator himself in the first instance

The Supreme Court has held that any challenge to the arbitrator appointed should be raised before the arbitrator himself under Section 13 of the Arbitration and Conciliation Act 1996 in the first instance and thereafter […]
4th Dec, 2018

An unregistered Agreement to Sell, not even along with the proper stamp duty, cannot be accepted as a complete sale.

The Hon’ble Supreme Court of India rejected the contention of the Appellant/ Original Plaintiff that the agreement to sell was a complete sale and it was to be considered as a sale deed because the […]
15th Nov, 2018

Suit for Mere Injunction not maintainable when Defendant can successfully raise cloud over Plaintiff’s title

The Supreme Court has reiterated that a suit for bare injunction would not be maintainable when a defendant could successfully raise cloud over the title of the Plaintiff. The said decision was made in the […]
1st Nov, 2018

The date of last appellate court judgement and not the date of trial court judgement is to be considered for the purposes of calculating limitation for filing execution petition

The Supreme Court held that an appellate court judgement merges with the trial court judgement and therefore, an execution filed within 12 years from the date of appellate court judgement is within limitation. The said […]
31st Oct, 2018

A conditional gift is incomplete till the conditions stated in the deed remain unfulfilled and may be cancelled

The Supreme court has held that a conditional gift only becomes complete on compliance of the conditions in the deed and till the time such conditions remain unfulfilled; the donor is at liberty to cancel […]