Supreme Court

18th Jul, 2018

An unregistered agreement to sell can be made basis for a suit for specific performance without having any effect under Section 53A of the Transfer of Property Act, 1882

The Supreme Court held that an unregistered agreement to sell can be received as evidence of a contract in a suit for specific performance however, the protection under Section 53A of Transfer of Property Act 1882 would not be available in case of unregistered agreement […]
12th Jul, 2018

Arbitral Tribunal has the power to Award interest unless specifically barred from awarding

The Supreme Court has again reiterated that an arbitrator has the power to award interest unless specifically barred from awarding it; and the bar must be clear and specific. This was so held in the […]
11th Jul, 2018

Salary Certificate not the only basis for Assessing Income of the Deceased for Calculating Compensation in cases of Motor Accident Claims.

The Apex Court in a recent judgment held that there is nothing in the law which requires the Tribunal to assess the income of the deceased only on the basis of a salary certificate for […]
7th Jul, 2018

The Court must bow down to the opinion of the experts.

In a recent judgment, the Hon’ble Supreme Court of India observed that the judges are not and cannot be experts in all fields and, therefore, they must exercise great restraint and should not overstep their […]
1st Jun, 2018

Indian Succession Act does not bar the succession of property of any Indian Christian by a foreign national by inheritance

The Apex Court held that there is no bar under the Indian Succession Act upon devolution of property of an Indian Christian upon a foreign national by succession. The said dicta was pronounced by the […]
18th May, 2018

In commercial transaction effected through several interconnected agreements, all parties are subject to the arbitration clause contained in the main agreement even if there is no arbitration clause in the ancillary agreement.

In a recent judgment, the Supreme Court held that where several parties are involved in a single commercial project executed through several interconnected agreements/contracts then all parties can be covered by the arbitration clause in […]
14th Apr, 2018

Defamatory allegations against office of Chief Minister to constitute an offence should have reasonable connection with the discharge of public duties of Chief Minister.

In a landmark judgment on law relating to Defamation, the Supreme Court, closed criminal proceedings against chief spokesperson of Indian National Congress for having made defamatory allegations against the Chief Minister. The reason for closure […]
7th Apr, 2018

Stay of proceedings ordinarily not to be granted beyond six months

The Supreme Court in a landmark case has directed that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry […]
6th Apr, 2018

The Arbitration and Conciliation (Amendment) Act, 2015 is prospective in nature

In a recent judgment, the Apex Court ruled that the Arbitration and Conciliation (Amendment) Act, 2015 will be applicable in those arbitral proceedings that have commenced under Section 21 of the Arbitration and Conciliation Act, […]
5th Apr, 2018

Plea of lack of jurisdiction of Arbitral Tribunal can be raised under Section 34 of the Arbitration and Conciliation Act for the first time even if not raised earlier under Section 16 in the statement of defence.

In a recent judgment, the Apex Court ruled that an objection as to jurisdiction of the arbitral tribunal can be raised in a petition under Section 34 for the first time even if omitted to […]
4th Apr, 2018

Limitation period commences for the party making an application for setting aside Arbitration Award from the date of signed copy of the Award being delivered to it.

In a recent judgment, the Supreme Court ruled and reiterated that limitation period prescribed under Section 34(3) of the Arbitration and Conciliation Act would commence only from the date of the signed copy of the […]
5th Mar, 2018

Section 100 of CPC mandates that the substantial question of law be framed at the admission stage of a second appeal

The Supreme Court restated the import of Section 100 of CPC by ruling that the “substantial question of law” which is the very basis of maintainability of a second appeal, is to be framed by […]