Supreme Court

10th Mar, 2022

Principle of Restitution not applicable when party claiming it is equally or more responsible for illegality of contract

In the matter of Loop Telecom and Trading Limited vs Union of India [CA 1447-1467 of 2016] decided by the Hon’ble Supreme Court on 03.03.2022 FACTS: In this case the Appellant namely, Loop Telecom […]

8th Mar, 2022

Mere filing of representation before authorities does not extend limitation period

In the matter of Surjeet Singh Sahni vs State of U.P. [SLP (C) 3008 of 2022] decided by the Hon’ble Supreme Court on 28.02.2022 FACTS: That the petitioner entered into a Sale Deed with […]

1st Mar, 2022

Grant of leave to defend is the ordinary rule; denial is an exception

In the matter of B.L. Kashyap v Sons ltd. v M/s JMS Steels and Power Corporation and Anr. [Civil Appeal No. 379 of 2022] decided by Hon’ble Supreme Court on 18.01.2022. FACTS The Plaintiff-Respondent No.1 […]

28th Feb, 2022

Compensation in lieu of or in addition to the relief of specific performance cannot be granted unless specifically prayed for.

In the matter of Universal Petro Chemicals Ltd. VS. B. P. PLC & Ors, Civil Appeal No. 3127 of 2009, decided by the Hon’ble Supreme Court of India on 18.02.2022. Facts of the Case- The […]

25th Feb, 2022

Pure business to business disputes cannot be construed as consumer disputes

Factual Matrix: The Hon’ble Supreme Court vide its judgment dated 22.02.2022 in the matter of “Shrikant G. Mantri vs. Punjab National Bank, C.A. 11397/2016” had the occasion to deal with whether a ‘pure business to […]

21st Feb, 2022

Party without notice of Section 11 Petition filed by other party is free to appoint Arbitrator

In the matter of M/s Durga Welding Works v Chief Engineer, Railway Electrification, Allahabad and Anr. [Civil Appeal No. 54 of 2022] decided by Hon’ble Supreme Court on 04.01.2022 Facts A contract agreement was executed […]

16th Feb, 2022

“A daughter can inherit the self-acquired property of her father even prior to the commencement of Hindu Succession Act, 1956 and such inherited property goes back to the source if the daughter dies issueless”

Factual Matrix: The Hon’ble Supreme Court vide its judgment dated 20.01.2022 in the matter of “Arunachala Gounder (Dead) by LR’s vs. Ponnusami & Ors.” had the occasion to deal with whether a sole daughter […]

16th Feb, 2022

Section 5 of the Limitation Act, 1963 cannot be invoked to condone delay beyond the period prescribed under Section 34(3) of the Arbitration and Conciliation Act, 1996.

In the matter of Mahindra and Mahindra Financial Services Ltd. v Maheshbhai Tinabhai Rathod & Ors. [Civil Appeal No. 11478 of 2014] decided by Hon’ble Supreme Court on 16.12.2021 Facts Respondent (Maheshbhai Tinabhai Rathod) availed […]

15th Feb, 2022

Courts cannot enter into the merits of a case, while deciding an appeal under Section 37 of the Arbitration and Conciliation Act.

In the matter of Haryana Tourism Limited Vs. M/s Kandhari Beverages Limited, Civil Appeal no. 266 of 2022 decided by the Hon’ble Supreme Court on 11.02.2022. Facts of the case: Haryana Tourism Corporation had accepted […]

10th Feb, 2022

Voluntariness and Animus necessary for execution of a valid gift deed – Donee to prove that he exerted no influence

Factual Matrix: The Hon’ble Supreme Court vide its judgment dated 24.01.2022 in the matter of “Keshav & Ors. vs. Gian Chand & Anr., (C.A. No. 364 of 2022)” had the occasion to deal with whether […]

17th Dec, 2021

Dishonour of a cheque which was furnished as ‘security’ would be covered under Sec 138 of NI Act if a legally enforceable debt or liability has arisen.

In the matter of Sunil Todi & Ors. Vs. State of Gujarat & Anr. Criminal Appeal No. 1447/2021, decided by the Hon’ble Supreme Court of India on 03.12.2021. Facts of the case- The Appellant company […]

16th Dec, 2021

Mechanical compliance of stipulations under Section 63 of the Indian Succession Act does not prove execution of will

Factual Matrix: The Hon’ble Supreme Court in its judgment dated 25.11.2021 in the matter of “State of Haryana vs. Harnam Singh (Dead) Thr. LR’s & Ors.” had the occasion to consider whether mechanical compliance […]

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