Search Results for "Summary proceedings"

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Supreme Court Allows Appellant in Karnataka SC/ST Land Transfer Case Due to Lach...

Search Results for "Summary proceedings"

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Supreme Court

Supreme Court Dismisses Cantonment Board's Appeal in Arbitration Appointment Dispute. Limitation period for Section 11 application under Arbitration and Conciliation Act, 1996 runs from date of refusal to appoint arbitrator, not from request date, under Article 137 of Limitation Act, 1963, and no claim certificate does not extinguish arbitration clause.

15 Mar 2021

The dispute arose from three contracts dated 23.09.2000 and 17.09.2001 between Secunderabad Cantonment Board (appellant) and M/s B. Ramachandraiah & S...

Supreme Court

Supreme Court Remands Execution Sale Dispute for Limitation Determination. High Court's Order Setting Aside Auction Sale Set Aside for Ignoring Supreme Court's Direction to Decide Limitation First.

17 Mar 2020

The dispute arises from execution proceedings of a decree passed in favour of Shree Mahalaxmi Mercantile Coop Bank Ltd. (R2) against M/s. Abhilasha Co...

Supreme Court

Supreme Court Allows Appeals Against High Court Order Restoring DRO's Cancellation of Patta in Favour of WSIL. Land Acquisition by State Vests Title Absolutely, DRO Cannot Adjudicate Title in Summary Proceedings.

6 Feb 2020

The Supreme Court considered appeals against a Division Bench judgment of the Madras High Court that had restored an order of the District Revenue Off...

Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

Supreme Court

Supreme Court Allows Appeal in Rent Control Case: Ownership Dispute in Summary Proceedings Under U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. High Court Exceeded Jurisdiction Under Article 227 by Reappreciating Evidence on Ownership and Bonafide Need.

15 Nov 2019

The appellant, Santosh Chaturvedi, filed a petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act,...

Supreme Court

Supreme Court Allows Appeal in Damages Suit Under Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 — Civil Court Jurisdiction Not Impliedly Barred. Section 7(4) of the Act Recognizes Concurrent Civil Remedy, Hence Suit for Damages Maintainable.

17 Oct 2019

The appeal arises from a judgment of the Madurai Bench of the Madras High Court which set aside a decree for damages in favor of the appellant, M. Har...

Supreme Court

Supreme Court Allows Workman's Appeal in Industrial Dispute — Scope of Enquiry Under Section 33(2)(b) of Industrial Disputes Act, 1947 Clarified. Labour Court's Order Rejecting Approval for Dismissal Restored as It Did Not Exceed Its Limited Jurisdiction.

16 Oct 2019

The appeal arose from a dispute between John D'Souza, a workman, and the Karnataka State Road Transport Corporation (KSRTC). The workman joined as a b...

Supreme Court

Supreme Court Allows Evidence in Section 34 Proceedings for Proving Grounds to Set Aside Arbitral Award. The Court held that while proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 are summary, parties may adduce evidence by affidavit to prove grounds under Section 34(2), but no issues need be framed.

23 Sep 2019

The case involves an appeal against a High Court order that permitted respondents to adduce evidence in proceedings under Section 34 of the Arbitratio...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Bar of Limitation — Claim Under Section 7 IBC Held Time-Barred as Debt Arose Before 2006 and Application Filed in 2018. The court held that the Limitation Act applies to IBC proceedings and the application was filed beyond three years from the date of default.

2 Sep 2019

The Supreme Court allowed the appeal filed by M/s Radha Exports (India) Pvt. Limited against the judgment of the National Company Law Appellate Tribun...

Supreme Court

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.

9 Aug 2019

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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