Supreme Court

1st Feb, 2018

If there are co-owners or co-landlords of the suit premises, then any co-owner or co-landlord can file a suit for eviction against the tenant. In other words, it is not necessary that all the owners/landlords should join in filing the eviction suit against the tenant.

The Hon’ble Supreme Court of India in the case titled Kanaklata Das & Ors. Vs. Naba Kumar Das & Ors. decided on 25.01.2018 that the plaintiff being a dominus litis cannot be compelled to make […]
1st Feb, 2018

Substituted Service is an exception to the normal mode of service hence its compliance must be strictly followed

The Supreme Court held that substituted service under Order 5 Rule 20 Code of Civil Procedure is an exception to the normal mode of service. It further held that while ordering substituted service the court […]
22nd Jan, 2018

Caste is determined by birth and cannot be changed by marriage with a person of scheduled caste.

The Hon’ble Supreme Court of India in the case titled Sunita Singh Versus State of Uttar Pradesh and Others (Civil Appeal No. 487/2018) decided on 19.01.2018 that merely a woman is marrying someone belonging to […]
22nd Jan, 2018

The insurance company must at the time of accepting the premium advise the policy holder properly and not deny liability later

The insurance company cannot accept the premium without asking for any details and later deny its liability on the ground that such details were not provided opined the Supreme Court in I.C. Sharma vs The […]
22nd Jan, 2018

The Supreme Court cannot be regarded to be the Court of first instance for all purposes merely because it was the Court which appointed the Arbitrator.

Solely because a superior court appoints the arbitrator or issues directions or has retained some control over the arbitrator by requiring him to file the award in this Court, it cannot be regarded as a […]
22nd Jan, 2018

Interpretation of the definition of “Dispute” and “existence of disputes” under the Insolvency and Bankruptcy Code, 2016

The definition of the term “dispute” has been expanded and is not restricted to pending suits and arbitration. It includes correspondences exchanged between parties showing a dispute relating to payment of debt as well. The […]
22nd Jan, 2018

Section 21 of the Specific Relief Act enables the Court to award compensation in lieu of the specific performance when a contract has become impossible for no fault of the plaintiff

The Hon’ble Supreme Court of India held in the case titled Urmila Devi and ors. vs The Deity, Mandir Shree Chamunda Devi, through Temple Commissioner and ors. (Civil Appeal no. 462 OF 2018 arising out of SLP 25771/2013) decided on 10.01.2018.   Challenge […]
22nd Jan, 2018

The insured is entitled to the amount for which the goods were insured even if that be less than the actual value of the goods.

The Hon’ble Supreme Court of India in the case titled I.C. Sharma Vs The Oriental Insurance Co. Ltd. (Civil Appeal no. 3167 OF 2017)decided on 10.01.2018affirmed that the person insured is entitled to the amount […]
18th Jan, 2018

General reference to a standard form of contract of one party will be enough for incorporation of arbitration clause.

The Hon’ble Supreme Court of India in the case titled M/s INOX Wind Ltd. Vs. M/s Thermocables Ltd. (Civil Appeal No. 19 of 2018) decided on 05.01.2018 set aside the decision of the Hon’ble High […]
18th Jan, 2018

Interpretation of the definition of “Dispute” and “existence of disputes” under the Insolvency and Bankruptcy Code, 2016

The definition of the term “dispute” has been expanded and is not restricted to pending suits and arbitration. It includes correspondences exchanged between parties showing a dispute relating to payment of debt as well. The […]
18th Jan, 2018

Neither the Standards of Weights and Measures Act, 1976 nor the Legal Metrology Act, 2009, would apply so as to interdict the sale of mineral water in hotels and restaurants at prices which are above the MRP.

The Hon’ble Supreme Court of India in the case titled Federation of Hotel and Restaurant Associations of India Vs Union of India and Ors (Civil Appeal no. 21790 OF 2017) decided on 12.12.2017 affirmed the […]
17th Jan, 2018

Amendment to pleadings permissible after commencement of trial if no prejudice is being caused

The Supreme Court held that amendment in pleadings under Order VI Rule 17 could be allowed even after commencement of trial if no prejudice is caused to the other party. The said judgment was passed […]