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Supreme Court

Supreme Court Allows Appeal in Arbitration Enforcement Case — Upholds Arbitral Award Despite Conflicting Jurisdiction Clauses. Court Holds That Where Multiple Agreements Contain Different Arbitration Clauses, a Common Arbitrator Can Be Appointed with Consent, and the Award Is Not Liable to Be Set Aside Under Section 34 of the Arbitration and Conciliation Act, 1996.

1 Jan 2020

The dispute arose between Quippo Construction Equipment Ltd. (appellant) and Janardan Nirman Pvt. Ltd. (respondent) concerning four agreements for hir...

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 IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

Supreme Court

Supreme Court Upholds Civil Court's Jurisdiction in Suit for Cancellation of Sale Deed on Ground of Fraud. Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950 Does Not Bar Suit When Recorded Tenure Holder's Title Is Not Under Cloud.

31 Jul 2019

The appeals arose from a suit filed by M/s Nupur Housing Development Pvt. Ltd. (plaintiff) against Narendra Kumar Mittal and others (defendants) for c...

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 Dismisses Appeal in Succession Dispute, Holding Probate Not Required for Will Made in Delhi by Hindu. Section 213 of Indian Succession Act, 1925 does not mandate probate for wills by Hindus outside Bengal, Madras, and Bombay territories.

26 Jul 2019

The present appeal arose from a dispute over the estate of Zorawar Singh, who executed a Will dated June 16, 1985 and a codicil dated October 21, 1995...

Supreme Court

Supreme Court Dismisses Appeals Challenging Nomination of Daughter's Son as Sajjadah Nashin and Mutawalli. The Court upheld the concurrent findings that the word 'Khandan' in the Zabta includes the spiritual sect and not only male lineal descendants, and that the respondent No.1 is eligible for nomination.

24 Jul 2019

The case involves a dispute over the succession to the office of Sajjadah Nashin and Mutawalli of a Dargah in Fatehpur, Rajasthan. The Dargah was foun...

Supreme Court

Supreme Court Sets Aside Civil Imprisonment for Contempt of Injunction in Trademark Passing Off Suit — Mere Disobedience Not Enough, Willful Disobedience Must Be Proved. The Court held that under Order XXXIX Rule 2A CPC, contempt requires willful disobedience, and the appellant's explanation for non-removal of a hoarding was acceptable, thus no willful disobedience was established.

22 Jul 2019

The appeal arose from a suit for permanent injunction filed by Mambally's Bakery against U.C. Surendranath, alleging passing off by using the trademar...

Supreme Court

Supreme Court Dismisses Appeal Claiming Private Temple Ownership — Revenue Entries Do Not Confer Title Without Document of Title. The Court held that the plaintiff failed to prove the temple was private and that revenue entries alone cannot establish ownership under Section 100 CPC.

22 Jul 2019

The appellant, Ramesh Das (since deceased, represented by legal representatives), filed a civil suit for declaration and perpetual injunction claiming...

Supreme Court

Supreme Court Allows Appeal in Easement Rights Dispute Over Pathway — Vendor Cannot Confer Exclusive Right After Prior Grant of Access. Section 48 of Transfer of Property Act, 1882 applied to prioritize earlier right of way over later exclusive grant.

16 Jul 2019

The case involves a dispute over a pathway in Chennai. The original owner, C.L. Rajasekaran, owned a large parcel of land on Mowbrays Road. He sold po...

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