Case Analysis

22nd Mar, 2022

The executing court has to follow the procedure laid down in Order XXI Rule 34, where the decree in question provides for execution of a document.

In the matter of Rajbir Vs. Suraj Bhan & Anr., Civil Appeal No. 1700 of 2022, decided by the Hon’ble Supreme Court on 28.02.2022 Facts of the case: The Respondents filed for execution of decree […]
22nd Mar, 2022

The courts would be slow in interfering in the policy matters, unless the policy is found to be clearly discriminatory and arbitrary

In the matter of Satya Dev Bhagaur & ors. v State of Rajasthan and ors. [Civil Appeal No. 1422 of 2022] decided by the Hon’ble Supreme Court on 17.02.2022. FACTS The Respondent (State of Rajasthan) […]
10th Mar, 2022

Principle of Restitution not applicable when party claiming it is equally or more responsible for illegality of contract

In the matter of Loop Telecom and Trading Limited vs Union of India [CA 1447-1467 of 2016] decided by the Hon’ble Supreme Court on 03.03.2022   FACTS: In this case the Appellant namely, Loop Telecom […]
8th Mar, 2022

Mere filing of representation before authorities does not extend limitation period

In the matter of Surjeet Singh Sahni vs State of U.P.  [SLP (C) 3008 of 2022] decided by the Hon’ble Supreme Court on  28.02.2022   FACTS: That the petitioner entered into a Sale Deed with […]
1st Mar, 2022

Grant of leave to defend is the ordinary rule; denial is an exception

In the matter of B.L. Kashyap v Sons ltd. v M/s JMS Steels and Power Corporation and Anr. [Civil Appeal No. 379 of 2022] decided by Hon’ble Supreme Court on 18.01.2022. FACTS The Plaintiff-Respondent No.1 […]
28th Feb, 2022

Compensation in lieu of or in addition to the relief of specific performance cannot be granted unless specifically prayed for.

In the matter of Universal Petro Chemicals Ltd. VS. B. P. PLC & Ors, Civil Appeal No. 3127 of 2009, decided by the Hon’ble Supreme Court of India on 18.02.2022. Facts of the Case- The […]
25th Feb, 2022

Pure business to business disputes cannot be construed as consumer disputes

Factual Matrix: The Hon’ble Supreme Court vide its judgment dated 22.02.2022 in the matter of “Shrikant G. Mantri vs. Punjab National Bank, C.A. 11397/2016” had the occasion to deal with whether a ‘pure business to […]
21st Feb, 2022

Party without notice of Section 11 Petition filed by other party is free to appoint Arbitrator

In the matter of M/s Durga Welding Works v Chief Engineer, Railway Electrification, Allahabad and Anr. [Civil Appeal No. 54 of 2022] decided by Hon’ble Supreme Court on 04.01.2022 Facts A contract agreement was executed […]
17th Feb, 2022

Proceedings u/s 81 of the Delhi Land Reforms Act cannot be initiated or proceeded with as soon as a urbanization notification by DMC or DDA has been published or the area becomes an urban area

In the matter of Sanvik Engineers Pvt Ltd vs. GNCTD (WPC 5627/2020) before the Hon’ble Delhi High Court pronounced on 04.02.2022. FACTS The petitioner here purchased agricultural land by way of a sale deed dated […]
16th Feb, 2022

“A daughter can inherit the self-acquired property of her father even prior to the commencement of Hindu Succession Act, 1956 and such inherited property goes back to the source if the daughter dies issueless”

Factual Matrix:   The Hon’ble Supreme Court vide its judgment dated 20.01.2022 in the matter of “Arunachala Gounder (Dead) by LR’s vs. Ponnusami & Ors.” had the occasion to deal with whether a sole daughter […]
16th Feb, 2022

Section 5 of the Limitation Act, 1963 cannot be invoked to condone delay beyond the period prescribed under Section 34(3) of the Arbitration and Conciliation Act, 1996.

In the matter of Mahindra and Mahindra Financial Services Ltd. v Maheshbhai Tinabhai Rathod & Ors. [Civil Appeal No. 11478 of 2014] decided by Hon’ble Supreme Court on 16.12.2021 Facts Respondent (Maheshbhai Tinabhai Rathod) availed […]
15th Feb, 2022

Courts cannot enter into the merits of a case, while deciding an appeal under Section 37 of the Arbitration and Conciliation Act.

In the matter of Haryana Tourism Limited Vs. M/s Kandhari Beverages Limited, Civil Appeal no. 266 of 2022 decided by the Hon’ble Supreme Court on 11.02.2022. Facts of the case: Haryana Tourism Corporation had accepted […]