In a recent judgment, the Supreme Court, held that in the present case, readiness and willingness to perform a contract is a question of fact and the same is to be determined during appreciation of […]
The Supreme Court held that a registered owner cannot wriggle out of liability towards a third person in event of an accident, on the mere pretext of the ownership of the vehicle being transferred, if […]
The Supreme Court observed that ‘Class Action’ consumer complaints filed by one or more consumers where there are numerous consumers having the same interest will be maintainable only where the complaint fulfils all the requisite […]
The Apex court reiterated that benefit of Section 5 of the Limitation Act is not applicable to a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 and the time period of thirty […]
The Supreme Court held that if the interests of the co-defendants are separate, a suit will abate under Order XXII Rule 4 of CPC only as regards the particular interest of the deceased party, however […]
The Supreme Court has held that any challenge to the arbitrator appointed should be raised before the arbitrator himself under Section 13 of the Arbitration and Conciliation Act 1996 in the first instance and thereafter […]
The Hon’ble Supreme Court of India rejected the contention of the Appellant/ Original Plaintiff that the agreement to sell was a complete sale and it was to be considered as a sale deed because the […]
The Supreme Court has reiterated that a suit for bare injunction would not be maintainable when a defendant could successfully raise cloud over the title of the Plaintiff. The said decision was made in the […]
The Supreme Court held that an appellate court judgement merges with the trial court judgement and therefore, an execution filed within 12 years from the date of appellate court judgement is within limitation. The said […]
The Supreme court has held that a conditional gift only becomes complete on compliance of the conditions in the deed and till the time such conditions remain unfulfilled; the donor is at liberty to cancel […]
The Supreme Court has reiterated that the court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to remand the matter to the arbitrator for a fresh decision. […]
A party to a contract has to show and establish his willingness and readiness to perform his part of contract throughout, including the day when the suit for specific performance was filed. This was held […]