Supreme Court

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 […]
31st Oct, 2018

A Court deciding Section 34 petition has no jurisdiction to remand the matter to Arbitrator for Fresh Decision

The Supreme Court has reiterated that the court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to remand the matter to the arbitrator for a fresh decision. […]
25th Oct, 2018

Readiness and willingness to perform contract must subsist throughout the case

A party to a contract has to show and establish his willingness and readiness to perform his part of contract throughout, including the day when the suit for specific performance was filed. This was held […]
18th Oct, 2018

‘Association’ referred under Section 2(1)(f)(iii) of The Arbitration and Conciliation Act would include a Consortium of Companies, one of which being a Foreign Company

The Supreme Court while holding that an ‘association’ referred to in the definition of International Commercial Arbitration under Section 2(1)(f)(iii) of the Arbitration and Conciliation Act, 1996, would include a consortium consisting of two or […]
15th Oct, 2018

Benefit of Section 17 of the Limitation Act is not applicable to proceedings under Section 34 of Arbitration Act. The period of limitation under Section 34(3) of the Arbitration Act is inviolable

The Supreme Court has held that delay in filing of objection cannot be justified on the grounds of Section 17 of the Limitation Act by taking a defence of fraud having been played on the […]
13th Oct, 2018

Cheque Bounce Complaint filed by Power of Attorney Maintainable in Law

The Apex Court in a recent decision has reiterated that a complaint under Section 138 of the Negotiable Instruments Act filed by a Power of Attorney holder would be maintainable in law. This was held […]
12th Oct, 2018

A claim for negligence against a doctor can succeed when it is proved that either he does not possess requisite skill which he professed to have possessed, or, he did not exercise such skill with reasonable competence

In a complaint based on alleged negligent acts of a surgeon, the apex court held that a surgeon or a doctor cannot and does not guarantee that the result of surgery would invariably be beneficial, […]
8th Oct, 2018

In motor accidents claim parents are entitled to be awarded loss of consortium under the head of filial consortium.

The Supreme Court has observed that in a case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium and the is […]
3rd Oct, 2018

An unregistered mortgage deed is inadmissible in evidence however it is valid proof of possession in a claim for adverse possession

The Apex Court held that the though an unregistered mortgage deed is not admissible as a document of title however, the same could be relied on for collateral purposes such as a proof of possession […]
29th Sep, 2018

Illegal construction in Kant Enclave after 18.08.1992 has caused irreversible damage to ecology and environment of the said area and therefore the same is to be demolished

In a recent landmark judgment, the Supreme Court, held that the construction made in Kant Enclave, Faridabad, Haryana are to be demolished as being in contravention to notification under Section 4 of the Punjab Land […]