Search Results for "Null and Void"

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Supreme Court Upholds High Court's Reversal in Gift Deed Case: Presumption of Acceptance Arises from Recital of Possession Delivery. Gift to a deity is validly accepted by trustees; unilateral cancellation by donor is void.

The appeal arose from a suit filed by the respondents (family members of the donor and members of the Kizhakke Veethil Tarwad) seeking a declaration t...

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Supreme Court Dismisses Appeal in Arbitration Appointment Case — No Interference Under Article 136. Court Clarifies Scope of Section 11(6A) of Arbitration and Conciliation Act, 1996 Prior to Its Omission by 2019 Amendment.

The Supreme Court dismissed a civil appeal arising from a Special Leave Petition against a High Court decision refusing to appoint an arbitrator under...

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Supreme Court Allows NALCO's Appeal, Sets Aside Injunction in Arbitration Dispute — Civil Suit for Declaration and Injunction Not Maintainable When Arbitration Agreement Exists. Objections to Arbitration Agreement Must Be Raised Under Section 16 of Arbitration and Conciliation Act, 1996.

The Supreme Court allowed the appeal filed by National Aluminium Company Limited (NALCO) against the order of the High Court of Punjab & Haryana which...

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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 Dismisses Lessee's Claim for Damages in Wild Life Sanctuary Case — No Right to Compensation Without Acquisition. Notification Under Section 18 of Wild Life (Protection) Act, 1972 Does Not Confer Right to Damages for Loss of Use.

The Supreme Court dismissed the appeal filed by M/s Natesan Agencies (Plantations), a partnership firm, against the judgment of the Madras High Court ...

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Supreme Court Quashes Criminal Proceedings in Civil Dispute Case — Abuse of Process of Law. Police Officers Justified in Not Registering FIR When Dispute Was Civil and Complainant Had Already Paid Mortgage Money and Got Sale Deed Executed.

The case arose from a dispute over a property sale. The complainant entered into an agreement to sell a house for Rs.54 lakhs and paid the full consid...

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Supreme Court Dismisses Appeals Against Byelection Notification in Municipal Corporation Casual Vacancy Case. Filing of Election Petition Under Section 33 of Mumbai Municipal Corporation Act, 1888 Does Not Bar State Election Commission from Filling Casual Vacancy Under Section 9.

The Supreme Court dismissed appeals against the Bombay High Court's judgment upholding the State Election Commission's notification for byelections to...