Supreme Court

29th Aug, 2019

Filing of Cross Objections by Defendants not necessary to dispute adverse findings in a dismissed suit

The Supreme Court has observed that it is not necessary that the defendants should file cross objections to the appeal against dismissal of a suit to dispute certain findings adverse to them in the judgment […]
28th Aug, 2019

‘Group Of Companies’ doctrine can be invoked to bind non-signatory companies to Arbitration if there is a direct relationship and/or composite nature of transaction between the parties

The Supreme Court held that the ‘Group of Companies’ doctrine could be invoked to bind the non-signatory company or inclusion of a third party to an arbitration is possible if there is a direct relationship […]
26th Aug, 2019

Alienation of Suit property is not illegal merely because it was done during pendency of suit: Supreme Court

The bench in the case of “Madhukar Nivrutti Jagtap & ors. vs Smt. Pramilabai Chandulal Parandekar & ors” (Civil Appeal No. 5382 of 2007) decided on 13.08.2019 reiterated that the effect of doctrine of lis […]
23rd Aug, 2019

Outer limitation for suit for possession based on title is not lost merely because relief of declaration is also sought.

The Supreme Court has held that merely because relief of declaration is also sought in a suit for possession, the outer limitation of 12 years is not The above reasoning was pronounced by the Constitutional […]
22nd Aug, 2019

A sale with a mere condition of retransfer is not a mortgage by conditional sale

The Supreme Court yet again reiterated that if the sale and agreement to repurchase are embodied in separate documents then the transactions cannot be called mortgage by conditional sale irrespective of whether the documents are […]
17th Aug, 2019

Plaintiff cannot be forced to add parties against whom he does not want to fight.

The Supreme Court has reiterated that, in a suit, the plaintiff is the dominus litis and cannot be forced to add parties against whom he does not want to fight unless there is a compulsion […]
14th Aug, 2019

Where the parties have chosen a court which has jurisdiction out of two or more competent courts having jurisdiction, only such court will have the jurisdiction to entertain a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996

The Apex Courts also reiterated Section 20 of the Arbitration and Conciliation Act parties party autonomy and the parties are free to agree on the place of arbitration. The above ratio was passed in the […]
13th Aug, 2019

Landlord can’t be precluded from filing eviction petition on the ground of bonafide need regarding non-residential premises.

The Supreme Court has held that the judgment Satyawati Sharma vs. Union of India which held that Section 14(1)(e) of the Delhi Rent Control Act is unconstitutional to the extent it discriminates between the premises […]
10th Aug, 2019

Section 143A of Negotiable Instruments Act on Interim Compensation is not retrospective

The Supreme Court ruled out the confusion and held that  Section 143A of the Negotiable Instruments Act (hereinafter referred as ‘the Act’) on payment of interim compensation to the complainant during the pendency of the […]
9th Aug, 2019

Outer limitation for suit for possession based on title is not lost merely because relief of declaration is also sought.

The Supreme Court has held that merely because relief of declaration is also sought in a suit for possession, the outer limitation of 12 years is not The above reasoning was pronounced by the Constitutional […]
7th Aug, 2019

Objection regarding the pecuniary jurisdiction of the Consumer Fora should be raised at the earliest possible opportunity.

The Hon’ble Supreme Court in M/s Treaty Construction vs. M/s Ruby Tower Co-op. Hsg. Society Ltd. bearing Civil Appeal No. 5699 of 2019 decided on 19.07.2019 has reiterated that the technical objection with respect to […]
6th Aug, 2019

Right to use passage granted in the sale deed will not extinguish in terms of section 41 of the Indian Easements Act:

The Hon’ble Supreme Court in the case of “S Kumar & Ors. vs S Ramalingam” Civil Appeal No. 8628-8629 of 2009 decided on16.07.2019 has held that right to use passage granted in the sale deed […]