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Supreme Court Invalidates Ex Parte Arbitration Awards; Upholds Principles of Party Autonomy

Existence of Arbitration Agreement: Whether the purported arbitration agreement dated 01.04.1957 was valid and enforceable. Unilateral Appointment of ...

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High Court cannot reappreciate concurrent factual findings under Article 226 – Revenue records upheld.

Constitution of India, 1950 – Article 226 – Writ jurisdiction – Interference with concurrent findings – Held: The High Court exceeded its juri...

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Supreme Court Allows Appeal in Arbitration Appointment Case — High Court Exceeded Section 11 Scope by Excluding Claims as Non-Arbitrable. Court Holds That Referral Court Must Only Examine Existence of Arbitration Agreement, Not Arbitrability of Claims.

The appeal arose from a judgment of the High Court of Delhi dated 06.09.2023, which, while appointing an arbitral tribunal under Section 11 of the Arb...

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Supreme Court Upholds Conviction for Cruelty and Dowry Demand in Matrimonial Dispute — High Court's Revision Dismissal Upheld for Lack of Perversity

The Supreme Court dismissed the appeals filed by Rajesh Chaddha against the judgment of the Allahabad High Court, which had upheld his conviction unde...

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Supreme Court Allows Appeal Against Condonation of 1116-Day Delay in Filing Appeal Against Ex-Parte Decree. Emphasizes Need for Sufficient Explanation for Inordinate Delay and Application of Res Judicata.

The present appeal arises from an order of the Madurai Bench of Madras High Court condoning a delay of 1116 days in filing an appeal against an ex-par...

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Supreme Court Allows Appeal in Arbitration Dispute: MP Act, 1983 Not Applicable Where Arbitration Clause Exists. Jurisdictional Objection Cannot Be Raised for First Time Under Section 34 of Arbitration and Conciliation Act, 1996.

The appeal arises from a judgment of the Madhya Pradesh High Court affirming the setting aside of an arbitral award under Section 34 of the Arbitratio...

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Supreme Court Sets Aside High Court Order in Temple Receivership Dispute, Remands for Fresh Consideration. The Court held that the High Court exceeded its contempt jurisdiction by setting aside the Trial Court's order appointing a Seven Member Committee as Receiver under Order XL Rule 1 CPC.

The appeal arose from a High Court order in a contempt petition that set aside a Trial Court's order appointing a Seven Member Committee as Receiver f...

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Supreme Court Allows Priority to Secured Creditors Over Attached Assets in NSEL Scam Case. Secured Creditors Under SARFAESI Act and RDB Act Have Priority Over Attachments Under PMLA and MPID Act, and Moratorium Under IBC Does Not Bar Execution Against Properties Attached Under MPID Act.

The Supreme Court in this judgment addressed two priority questions of law arising from the NSEL scam, where the petitioner, National Spot Exchange Li...