Supreme Court

18th Oct, 2018

‘Association’ referred under Section 2(1)(f)(iii) of The Arbitration and Conciliation Act would include a Consortium of Companies, one of which being a Foreign Company

The Supreme Court while holding that an ‘association’ referred to in the definition of International Commercial Arbitration under Section 2(1)(f)(iii) of the Arbitration and Conciliation Act, 1996, would include a consortium consisting of two or […]
15th Oct, 2018

Benefit of Section 17 of the Limitation Act is not applicable to proceedings under Section 34 of Arbitration Act. The period of limitation under Section 34(3) of the Arbitration Act is inviolable

The Supreme Court has held that delay in filing of objection cannot be justified on the grounds of Section 17 of the Limitation Act by taking a defence of fraud having been played on the […]
13th Oct, 2018

Cheque Bounce Complaint filed by Power of Attorney Maintainable in Law

The Apex Court in a recent decision has reiterated that a complaint under Section 138 of the Negotiable Instruments Act filed by a Power of Attorney holder would be maintainable in law. This was held […]
12th Oct, 2018

A claim for negligence against a doctor can succeed when it is proved that either he does not possess requisite skill which he professed to have possessed, or, he did not exercise such skill with reasonable competence

In a complaint based on alleged negligent acts of a surgeon, the apex court held that a surgeon or a doctor cannot and does not guarantee that the result of surgery would invariably be beneficial, […]
8th Oct, 2018

In motor accidents claim parents are entitled to be awarded loss of consortium under the head of filial consortium.

The Supreme Court has observed that in a case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium and the is […]
3rd Oct, 2018

An unregistered mortgage deed is inadmissible in evidence however it is valid proof of possession in a claim for adverse possession

The Apex Court held that the though an unregistered mortgage deed is not admissible as a document of title however, the same could be relied on for collateral purposes such as a proof of possession […]
29th Sep, 2018

Illegal construction in Kant Enclave after 18.08.1992 has caused irreversible damage to ecology and environment of the said area and therefore the same is to be demolished

In a recent landmark judgment, the Supreme Court, held that the construction made in Kant Enclave, Faridabad, Haryana are to be demolished as being in contravention to notification under Section 4 of the Punjab Land […]
28th Sep, 2018

Stamp Duty not necessary for enforcing foreign Arbitration Awards in India

The Apex Court in a recent judgment have stated that payment of stamp duty under the Indian Stamp Act is not necessary for the enforcement of foreign arbitration awards in India, thereby laying at rest […]
24th Sep, 2018

Tenant can’t be evicted on the ground of ‘Change of User’ if there is no Negative Covenant in the Lease Agreement restricting usage of premises for any other purpose

The Supreme Court has held that in the absence of any negative covenant in the lease agreement restricting the tenant to run business only relating to the purpose for which the premises were let out, […]
19th Sep, 2018

If reforms are to be brought about in the process of election, it can only be done vide an amendment of legislation

In a recent judgment, the Supreme Court, held that the High Court of Calcutta was in error in issuing directions for the acceptance of nomination in electronic form. The said ruling was delivered in the […]
14th Sep, 2018

Relief under Section 6 of the Specific Relief Act is summary in nature and no appeal lies against it

The Supreme Court reminded the courts below that proceedings under Section 6 of the Specific Relief Act were not appealable in the light of Section 6(3) of the Act. The said observation was made by […]
14th Sep, 2018

Principle of Molding Relief can’t be invoked at an Interlocutory Stage

The Supreme Court has observed that principle of molding of relief could at best be resorted to at the time of consideration of final relief in the main suit and not at an interlocutory stage. […]