Supreme Court

16th May, 2021

Existence of an arbitration clause does not debar the Court from entertaining a writ petition.

In the matter of Uttar Pradesh Power Transmission Corporation Ltd. and Anr Vs. CG Powe and Industrial Solutions Limited and Anr. in SLP (C) No. 8630/2020 decided on 12.05.2021 General Conditions of the composite contract […]
11th May, 2021

Period of limitation for filing petition under Sec 11 Arbitration and Conciliation Act, 1996 is governed by Article 137 of the Limitation Act, 1963.

Bharat Sanchar Nigam Ltd. (BSNL) and Anr. v. Nortel Networks India Pvt. Ltd. decided on 10.03.2021 FACTS: In the instant matter, the respondent Nortel Networks India Pvt. Ltd. (Nortel) was awarded a purchase order for […]
11th Jan, 2021

Landlord-tenant disputes are arbitrable as the Transfer of Property Act does not forbid or foreclose arbitration

The 3-judge bench of the Supreme Court in Vidya Drolia v. Durga Trading Corporation, 2020 SCC OnLine SC 1018, decided on 14.12.2020 overruled the ratio in Himangni Enterprises v. Kamaljeet Singh Ahluwalia wherein it was […]
2nd Dec, 2020

Challenge to Foreign Award u/s 34 is not maintainable

The Hon’ble Supreme Court on 26.11.2020 in the matter of Noy Vallesina Engineering Spa Vs. Jindal Drugs Limited & Ors (Civil Appeal No. 8607 Of 2010), while referring to a catena of judgments, held that […]
20th Oct, 2020

Right of pre-emption is a very weak right and is only exercisable for the first time when the cause of such a right arises.

Hon’ble Supreme Court in the matter of Raghunath (D) By Lrs. Vs. Radha Mohan (D) Thr. Lrs & Ors on 13.10.2020 held that the right of pre-emption is a very weak right and is only […]
16th Oct, 2020

SLP is not maintainable against an order rejecting the review petition when main judgment is not under challenge

The SC in T.K. David v. Kuruppampady Service Co-operative Bank Ltd. decided on 05.10.2020 has reiterated that when the main judgment of the High Court has not been challenged, no relief can be granted by […]
26th Sep, 2020

Unmarried daughter who is unable to maintain herself can claim maintenance from her father till she is married relying on Section 20(3) of HAMA, 1956.

Supreme Court on 15.09.2020 in the matter of Abhilasha Vs. Parkash Cr. Appeal No. 615/2020, has held that an unmarried daughter who is unable to maintain herself can claim maintenance from her father till she […]
2nd Aug, 2020

Consumer Protection Act, 2019 – at a glance

I. Consumer Protection Act, 2019- The new Consumer Protection Act, 2019 has come into force on 20th July, 2020. The key features include: • Broadening of the definition of Consumer by including any person who […]
2nd Aug, 2020

SC directs NCDRC to pronounce judgment in a matter which was “reserved for judgment” from 24 October 2019

In an order dated 29.07.2020, the Supreme Court of India directed Hon’ble National Consumer Disputes Redressal Commission to take necessary steps for the pronouncement of judgment expeditiously in EA No. 281/2018 wherein the matter was […]
25th Mar, 2020

Limitation period for executing a decree passed by a foreign court in India will be the limitation prescribed in the reciprocating foreign country

The Supreme Court in the matter of Bank of Baroda vs. Kotak Mahindra Bank Ltd. in Civil Appeal No. 2175 of 2020 decided on 17.03.2020 held the limitation period for executing a decree passed by […]
25th Mar, 2020

No Bar In Considering Subsequent Events For Testing Legality Of Order Impugned In Writ Petition

The Supreme Court in the matter of Ram Chandra Prasad Singh vs Sharad Yadav (Civil Appeal 2004 of 2020) decided on 19.03.2020 has observed that there is no bar in considering a subsequent event for […]
16th Mar, 2020

Once a charge is created upon a property then no further notices for attachment will be valid in any other recovery proceedings.

The Supreme Court in the case of M/s. Connectwell Industries Pvt. Ltd. vs. Union of India (Civil Appeal No. 1919 of 2010) on 06.03.2020 stated that if a charge is created upon a property then […]