Supreme Court

13th Jan, 2023

Dues under MSMED Act will not prevail over SARFAESI Proceedings

In the case of Kotak Mahindra Bank Ltd. v Girnar Corrugators Pvt Ltd decided by Hon’ble Supreme Court on 05.01.2023. FACTS The present appeal is preferred by Kotak Mahindra Bank ltd against the Judgment dated […]

15th Nov, 2022

Purpose of acquisition of land – an essential factor for determining market value

The Hon’ble Supreme Court vide its judgment dated 09.11.2022 in “S. Shankaraiah through GPA holder & Ors. vs. The land acquisition officer & Revenue Divisional officer Peddapali, Karimnagar Dist. & Ors.” had the occasion of […]

7th Nov, 2022

Issue of arbitrability to be decided by the arbitrator

The Hon’ble Supreme Court vide its judgment dated 04.11.2022 in “VGP Marine Kingdom Pvt. Ltd. & Anr. v. Kay Ellen Arnold” had the occasion of dealing with whether courts should delve into the question of […]

7th Nov, 2022

Election Petition can be amended after expiration of limitation period if the amendments as sought to be pleaded have foundation in the original petition.

In the case of Yendapalli Srinivasulu Reddy Vs. Vemireddy Pattabhirami Reddy & Ors., Civil Appeal No. 7951 of 2022, decided by Hon’ble Supreme Court of India on 19.10.2022. Facts of the Case- The Petitioner filed […]

20th May, 2022

Mere pendency of the insolvency petition u/s 9 of the IBC is no bar for appointment of arbitrator in terms of section 11 of the Arbitration Act.

In the matter of Millennium Education Foundation Vs. Educomp Infrastructure and School Management Limited, Arb. P. 326/2022, decided by the Hon’ble Delhi High Court on 13.05.2022 Facts of the case- A demand notice was issued […]

20th May, 2022

Writ Petition under Art. 227 of the Indian Constitution is maintainable against the orders passed by the NCDRC in its appellate jurisdiction.

In the matter of Ibrat Faizan Vs. Onmaxe Buildhome Private Limited, Civil Appela No. 3072 of 2022, decided by the Hon’ble Supreme Court of India on 13.05.2022. Brief Facts of the Case- The Appellant/original complainant […]

12th Apr, 2022

Scope and ambit of Section 14(1)(e) vis a vis Section 25B(8) of the Delhi Rent Control Act and the powers of the High Court relating thereto

In the matter of Abid-ul-Islam Vs. Inder Sain Dua, Civil Appeal No. 9444 of 2016, decided by the Hon’ble Supreme Court of India on 07.04.2022 Facts of the Case- The Appellant being the LR of […]

4th Apr, 2022

Parties cannot be allowed to approbate and reprobate and to take just a contrary stand before two different authorities/courts.

In the matter of Premlata @ Sunita Vs. Naseeb Bee & Ors., Civil Appeal No. 2055-2056 of 2022, decided by the Hon’ble Supreme Court of India on 23.03.2022 Facts of the case- The appellant/original plaintiff […]

4th Apr, 2022

The Courts should exercise the power of judicial review with a lot of restraint, particularly in commercial and contractual matters

In the matter of State of Punjab and ors. v Mehar Din, Civil Appeal No.(s) 5861 of 2009 decided on 02.03.2022 FACTS The sub-urban properties are to be disposed of in terms of the procedure […]

23rd Mar, 2022

Contempt jurisdiction would not cease merely because order is executable

The Hon’ble Supreme Court (hereinafter referred to as SC) vide its order dated 10.03.2022 in the matter of “Urban Infrastructure Real Estate Fund vs. Dharmesh S. Jain & Anr., Contempt Petition (C) no. 940 of […]

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) […]

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