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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Supreme Court Holds Police Cannot Seize Immovable Property Under Section 102 CrPC. The expression 'any property' in Section 102(1) CrPC means only movable property, and immovable property cannot be seized by police during investigation.

The Supreme Court in this judgment resolved a long-standing conflict of opinion in the Bombay High Court regarding the interpretation of Section 102 o...

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Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case. Municipal Corporation's Prior Consent to Resolution Plan Precludes Later Objections Under IBC.

The Municipal Corporation of Greater Mumbai (MCGM) appealed against the order of the National Company Law Appellate Tribunal (NCLAT) which had upheld ...

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Supreme Court Upholds Section 13-B of East Punjab Urban Rent Restriction Act, 1949 for NRI Landlords in Chandigarh and Punjab. Constitutional validity of provision granting immediate possession to Non-Resident Indians upheld as reasonable classification under Article 14.

The appeals were filed by tenants challenging the constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, which g...

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Bombay High Court Allows Writ Petitions Challenging Arbitral Award in Property Dispute — Award Set Aside for Violation of Natural Justice and Lack of Reasons. Court holds that an arbitrator must provide reasoned findings and cannot rely on unsubstantiated claims without evidence.

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award dated 30 June 2023 passed by a...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Release of Goods Withheld by Warehousing Service Provider. Court directs release of goods upon payment of admitted storage charges, holding that a bailee cannot retain goods for disputed amounts beyond the contract.

The Petitioner, Direct Logistics and Export Co. Ltd., a Hong Kong-based trading and logistics company, entered into a Service Agreement dated 21.06.20...