Supreme Court

2nd Aug, 2019

Section 148 Of Negotiable Instruments Act has retrospective effect

In an important judgment, the Supreme Court has held that Section 148 of the Negotiable Instruments Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for […]
29th Jul, 2019

The HC which has jurisdiction over ‘Venue’ of Arbitration alone can entertain petition seeking appointment of Arbitrator

The Hon’ble Supreme Court set aside the order of Madras High Court and held that if parties have agreed to have the “venue” of arbitration at certain place, the High Court which has jurisdiction over […]
11th Jul, 2019

Property inherited from father by sons becomes Joint Family Property in the hands of sons

The apex court again reiterated that share which a coparcener obtains on partition of ancestral property is ancestral as regards his male issue. The judgement was delivered by the Apex Court in the matter of […]
11th Jul, 2019

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

The Constitutional bench of the Supreme Court in the matter of Sopanrao & Anr vs. Syed Mehmood &  Ors. (Civil Appeal No. 4478/2007), decided on 03.07.2019 has held that in a suit filed for possession […]
11th Jul, 2019

Plaint under Order 7 Rule 11 can only be rejected as a whole or not at all

The Supreme Court in the matter of Madhav Prasad Aggarwal and  Anr. vs.Axis Bank Ltd. & Anr., arising out of SLP (C) No.31579 of 2018 decided on 01.07.2019 has held that relief of rejection of […]
18th May, 2019

When an appeal is filed against a joint and indivisible decree and one of the co-appellant dies and the legal representative of the deceased appellant is not brought on record, the appeal will abate against the surviving appellant also.

The Apex Court in Hemreddi (D) Through Lrs. versus Ramachandra Yallappa Hosmani and Ors. bearing no. Civil Appeal No. 4103 of 2008 decided on 07.05.2019 held that where appeal is being filed by more than […]
18th May, 2019

Under specific performance plea of hardship cannot be raised if not pleaded in written statement.

The Supreme Court has observed that a defendant in a specific performance suit should plead in his written statement the hardship that will be caused if the decree of specific performance of the contract is […]
18th May, 2019

Section 21(b) does not provide for filing of a Revision Petition before the National Commission against an Order passed by the State Commission in execution proceedings.

The Supreme Court held that a revision under Section 21(b) can only be filed challenging a ‘consumer dispute’ and an execution proceedings being independent proceedings, cannot be said to fall under the meaning of “consumer […]
6th May, 2019

Categorisation of Unskilled employees as Semi Skilled and Semi Skilled as Skilled on the basis of their experience is ultra vires to the Minimum Wages Act.

The Supreme Court held that the Government while reconsidering the minimum wages ought not cross its jurisdiction and alter the provision of the contract between the employee and the employer. The Court further held that […]
6th May, 2019

Registered trade union can file insolvency petition as operational creditor on behalf of its members

A registered trade union which is formed for the purpose of regulating the relations between workmen and their employer can maintain a petition as an operational creditor on behalf of its members. The above-mentioned observation […]
6th May, 2019

Limitation Act applicable to suits, appeals, application filed in courts, not before statutory authorities

The Supreme Court has observed that the suits, appeals and applications referred to in the Limitation Act, 1963 are suits, appeals and applications which are to be filed in a Court and not before a […]
24th Apr, 2019

Tenants can be evicted only by following procedure laid down in applicable rent control law

The Supreme Court has observed that the protection offered to a statutory tenant by Rent Control Laws can only be overcome by following the procedure laid out in such laws.   The Supreme Court delivered […]