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Supreme Court

Supreme Court Upholds High Court's Appointment of Arbitrator in Arbitration Dispute Over Distributorship Agreement. The Court affirmed that Section 12(5) of the Arbitration and Conciliation Act, 1996, applies to ensure arbitrator neutrality, overriding prior arbitration clauses that designate potentially biased arbitrators, such as a party's Chairman.

9 Sep 2021

The dispute arose from a distributorship agreement dated March 31, 2015, between Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited (the petitioner) and ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Petition Under Section 11 of Arbitration and Conciliation Act, 1996 - Family MoU Binding on Shareholders. The court held that a family Memorandum of Understanding containing an arbitration clause constitutes a valid arbitration agreement, enforceable under Section 11 of the Arbitration and Conciliation Act, 1996, and binding on heirs and successors.

6 Apr 2021

The appeal arose from the dismissal of a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Delhi...

Supreme Court

Supreme Court Partially Allows Specific Performance of Sale Agreement Despite Prior Oral Agreement - Vendor's Breach and Bona Fide Purchaser Protection. The court upheld the concurrent findings that the subsequent vendee is entitled to specific performance only of the portion not covered by a prior registered sale deed in favour of a bona fide purchaser without notice under the Specific Relief Act, 1963.

18 Sep 2020

The case involves a dispute over the specific performance of an agreement for sale of land. The Vendor, B. Santoshamma, purchased 300 sq. yards of lan...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

29 Jul 2019

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Dispute — CMD's Ineligibility to Act as Arbitrator Renders Appointment Void Ab Initio. Express Agreement in Writing Under Section 12(5) Proviso Must Be Post-Dispute and Cannot Be Inferred from Pre-Dispute Conduct.

10 Apr 2019

The Supreme Court allowed the appeals filed by Bharat Broadband Network Limited (BBNL) against the judgment of the Delhi High Court, which had rejecte...

Supreme Court

Supreme Court Allows Appeal in Property Dispute: Transfer of Property Act Section 43 Protects Purchaser When Vendor Subsequently Acquires Title. The Court held that the doctrine of feeding the grant by estoppel under Section 43 of the Transfer of Property Act, 1882, applies when a vendor sells land without title at the time of sale but later acquires title, and the purchaser is entitled to the benefit of the subsequently acquired interest.

1 Feb 2019

The appellant, Tanu Ram Bora, purchased suit land by a registered sale deed dated 06.01.1990 from Pranab Kumar Bora, husband of defendant no.2 and fat...

Supreme Court

Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

28 Jan 2019

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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