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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]