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Supreme Court

Supreme Court Reverses High Court Judgment in Gift Deed Dispute, Restoring Concurrent Findings of Lower Courts. The Court Held That High Court Erred in Allowing Second Appeal Without Properly Addressing Substantial Question of Law and Ignoring Factual Context Undermining Gift Deed Validity Under Sections 122 and 123 of Transfer of Property Act, 1882.

24 Jan 2022

The dispute centered on the validity of a gift deed executed by Hardei, who died issueless in 1991, in favour of Gian Chand and Dhanbir (plaintiffs), ...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Issues Directions for Vulnerable Witness Deposition Centres to Ensure Fair Trial and Dignity Under Article 21. The Court expanded the definition of vulnerable witnesses and mandated High Courts to adopt schemes, set up centres, and establish training committees for recording evidence in criminal cases.

11 Jan 2022

The Supreme Court addressed the long-standing issue of creating a safe and barrier-free environment for recording evidence of vulnerable witnesses in ...

Supreme Court

Supreme Court Upholds Retired Employees in Cooperative Bank Pension Dispute - Pension Scheme Cannot Be Unilaterally Discontinued After Employees Have Opted and Availed Benefits Under Punjab State Cooperative Agricultural Development Banks Employees Pension, Family Pension and General Provident Fund Rules, 1989. The Court held that pension is a deferred wage and accrued right, and amendments to service rules under Section 84A(2) of Punjab Cooperative Societies Act, 1961 must be prospective, protecting employees' legitimate expectations.

11 Jan 2022

The dispute arose from the Punjab State Cooperative Agricultural Development Bank Ltd.'s decision to discontinue a pension scheme introduced in 1989 f...

Supreme Court

Supreme Court Partly Allows Appeals in Arbitration Dispute Over Interest and Contract Interpretation. The Court held that arbitral tribunals have the power to award compound interest under Section 31(7) of the Arbitration and Conciliation Act, 1996, and that a Memorandum of Understanding merged into an Implementation Agreement for arbitration purposes based on contractual terms.

7 Jan 2022

The Supreme Court addressed two civil appeals arising from a common judgment of the High Court of Himachal Pradesh in an arbitration dispute between U...

Supreme Court

Supreme Court Allows Appeal Against Dismissal of Complaint on Technical Ground — Remands for Merits Consideration. State Bar Council's Failure to Dispose Complaint Within One Year Leads to Transfer; Bar Council of India Must Not Dismiss on Technicalities.

17 Dec 2021

The appellant, K. Anjinappa, filed a complaint against his advocate for professional misconduct before the Bar Council of State of Andhra Pradesh unde...

Supreme Court

Supreme Court Sets Aside High Court Order Condoning Delay in Arbitration Challenge. Limitation Period Under Section 34(3) of Arbitration and Conciliation Act, 1996 Held Absolute and Not Extendable Beyond 30 Days.

16 Dec 2021

The appellant, Mahindra and Mahindra Financial Services Ltd., had provided a loan to the respondent, Maheshbhai Tinabhai Rathod, for purchase of tract...

Supreme Court

Supreme Court Upholds Conviction and Death Penalty in Child Rape and Murder Case Based on Circumstantial Evidence. The prosecution proved guilt beyond reasonable doubt under Sections 363, 366, 376(2)(i), 377, 201, 302 read with Section 376A of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012, with death penalty confirmed under Section 366 of the Code of Criminal Procedure, 1973.

14 Dec 2021

The Supreme Court of India heard criminal appeals challenging the conviction and death penalty imposed on the appellant for offences including kidnapp...

Supreme Court

Supreme Court Allows State's Appeal in Urban Land Ceiling Case Due to Valid Possession and Exclusion of Civil Court Jurisdiction. Possession Taken via Panchnama Before Repeal Act, 1999 Validates State's Ownership Under Urban Land (Ceiling and Regulation) Act, 1976, Sections 10(1) and 10(3), Rendering Civil Suit for Declaration Non-Maintainable.

22 Nov 2021

The dispute involved agricultural land in Bhopal, Madhya Pradesh, originally owned by late Padam Singh, who filed a declaration under the Urban Land (...

Supreme Court

Supreme Court Dismisses Appeal in Ejectment Case Under Punjab Security of Land Tenures Act, 1953. Civil Suit Not Barred Under Section 25 as Revenue Court Order Was Without Jurisdiction Due to Absence of Landlord-Tenant Relationship and Invalid Sale of Trust Property.

17 Nov 2021

The Supreme Court of India heard a civil appeal arising from a dispute over ejectment of a tenant from agricultural land. The appellants, claiming to ...

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