Supreme Court

24th Apr, 2019

Person ineligible to be Arbitrator under Sec.12(5) of Arbitration Act cannot appoint another arbitrator

The Supreme Court has held that the appointment of arbitrator by a person who himself is ineligible to be an arbitrator as per Section 12(5) of the Arbitration and Conciliation Act 1996 is void ab […]
19th Apr, 2019

Mere financial assistance to buy property cannot be termed as Benami Transaction.

The Supreme Court has observed that mere financial assistance to buy a property cannot be the sole determinative factor/circumstance to hold the transaction as benami in nature.   The Court delivered the reasoning in the […]
19th Apr, 2019

Court cannot appoint an Arbitrator when the contract containing the Arbitration Clause is Insufficiently Stamped

The Supreme Court has held that it would be necessary for the Court before considering and passing final orders on an application under Section 11(6) of the Arbitration Act to await the adjudication by the […]
11th Apr, 2019

Every Judicial Order/ Judgement/quasi-judicial order deciding the lis between the parties should be supported by reason

The Apex Court held that Judicial orders/quasi-judicial orders passed by any court/tribunal/authority deciding the lis between parties should be supported by reasoning and parties as well as appellate courts are entitled to know the reason […]
11th Apr, 2019

Employees of ‘local bodies’ entitled to gratuity under payment of Gratuity Act

The provision in the State Act contemplating payment of Gratuity will be inapplicable in respect of the employees of the local bodies. The Supreme Court has held that the employees of the local bodies like […]
11th Apr, 2019

One sided clauses in Builder Buyer Agreements amount to Unfair Trade Practice within the meaning of Consumer Protection Act

The Apex Court held that a term of a contract which is one sided and opposed to the interest of the buyers cannot be final and binding if it is shown that the flat purchasers […]
11th Apr, 2019

Court can appoint independent Arbitrator only after resorting to the procedure in Arbitration Agreement

The Supreme Court recently observed that the High Court(s) while dealing with an application under Section 11(6) of the Arbitration and Conciliation Act, seeking appointment of an ‘independent Arbitrator’, should first resort to the mechanism […]
26th Mar, 2019

Once presumption under section 139 Negotiable Instrument Act is drawn, Complainant need not prove the source of fund till the accused discharges his burden.

The Supreme Court of India through Justice Mr. Abhay Manohar Sapre and Justice Mr. Dinesh Maheshwari in Rohitbhai Jeevanlal Patel versus State of Gujarat and Anr. Criminal Appeal No.508 of 2019  decided on 15.03.2019 held […]
19th Mar, 2019

Pre-Deposit Clauses to invoke Arbitration Makes Arbitral Process ineffective and expensive

The Hon’ble Supreme Court of India, vide its order dated 11.03.2019 in M/s ICOMM TELE LTD. vs Punjab State Water Supply and Sewerage Board and Anr. Civil Appeal No. 2713 of 2019, struck down the […]
19th Mar, 2019

Preferential right of heirs under section 22 of Hindu Succession Act applicable also to agricultural lands

The Supreme Court has held that the preferential right given to an heir of a Hindu under Section 22 of the Hindu Succession Act is applicable even if the property in question is an agricultural […]
19th Mar, 2019

Mere denial or mere creation of doubt does not rebut the presumption under Section 139 of the NI Act

The Apex Court held that circumstances like lack of documentary evidence to show the source of funds of complainant to advance the loan or lack of any written record of the transaction in the form […]
11th Mar, 2019

Applicability of Arbitration and Conciliation Act on the dispute between the landlord and the tenant in the Transfer of Property Act

The Hon’ble Supreme Court of India, in Vidya Drola & Ors. versus Durga Trading Corporation being Civil Appeal No. 2402 of 2019 on 28.02.2019  allowed the arbitration proceeding to resolve dispute between  the landlord and […]