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Supreme Court

Supreme Court Allows Appeal in Civil Suit for Recovery of Possession - Sets Aside Summary Judgment and Decree for Eviction. The Court held that the plaint did not disclose a valid cause of action as it was based on ambiguous lease expiry and future events, making summary judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 improper.

22 Sep 2022

The appeal arose from a civil suit for recovery of possession of a plot of land in Delhi. The appellant, Hindustan Petroleum Corporation Ltd., operate...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case — Directs Arbitral Tribunal to Reconsider Interim Deposit Order in Light of Force Majeure Clause. Court holds that while passing interim measures under Section 17 of the Arbitration and Conciliation Act, 1996, the Arbitral Tribunal must consider the force majeure clause and the bonafide dispute raised by the lessee, and cannot direct deposit of 100% rental amount without prima facie evaluating the applicability of such clause.

28 Mar 2022

The dispute arose from two lease agreements between Evergreen Land Mark Pvt. Ltd. (appellant-lessee) and John Tinson & Company Pvt. Ltd. & Anr. (respo...

Supreme Court

Supreme Court Dismisses Application for Appointment of Arbitrator in Arbitration Dispute Over Final Award. The court held that the award was final and had adjudicated all claims, with no unresolved issues requiring fresh arbitration, and rejected a plea for correction under Section 33 of the Arbitration and Conciliation Act, 1996 as it was not raised in the application and lacked merit.

15 Mar 2022

The dispute arose from a civil appeal where the Supreme Court appointed Justice S.S. Nijjar as sole arbitrator to resolve disputes between the parties...

Supreme Court

Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

1 Feb 2022

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

Supreme Court

Supreme Court Allows Appeals in Uttar Pradesh Imposition of Ceiling on Land Holdings Act Case, Granting Independent Tenure Holder Status to Sub-lessees. Sub-lessees under a government lessee for agricultural purposes qualify as tenure holders under Sections 3(9) and 3(17) of the Act, rebutting the presumption under Section 5 Explanation II, and are exempt from lease deed transfer conditions due to agricultural use.

10 Jan 2022

The appeals arose from a common judgment of the High Court of Uttarakhand dismissing writ petitions filed by the appellants, who were sub-lessees unde...

Supreme Court

Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

6 Dec 2021

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

Supreme Court

Supreme Court Allows Landlord's Appeal in Eviction Dispute Under Chennai City Tenants Protection Act, 1921. The Court held that a writ petition under Article 226 of the Constitution is maintainable for eviction when no disputed facts exist, and tenants lose protection under the Act if not in actual physical possession of the building.

11 Nov 2021

The dispute arose from a lease agreement for property in Chennai, initially granted in 1960 and renewed until 31 December 2009. The appellant, the lan...

Supreme Court

Supreme Court Upholds High Court's Directions in Public Interest Litigation Regarding Misappropriation in Housing Scheme Implementation. The Court affirmed the High Court's orders for investigation and remedial action based on committee reports detailing irregularities in the Integrated Housing and Slum Development Programme under the Jawaharlal Nehru National Urban Renewal Mission.

5 Oct 2021

The dispute arose from a criminal public interest litigation filed by social activists and former councillors against the Union of India, the State of...

Supreme Court

Supreme Court Dismisses Builder's Modification Application in Illegal Construction Case - Upholds Demolition Order for Violations of Building Regulations and Apartment Laws. The Court found the application non-maintainable as it sought to alter core findings on multiple statutory breaches, including minimum distance norms, green area requirements, and lack of flat owner consent under the Uttar Pradesh Apartment Act, 2010.

4 Oct 2021

The Supreme Court dealt with a miscellaneous application filed by Supertech Limited seeking modification of its judgment dated 31 August 2021, which h...

Supreme Court

Supreme Court Dismisses Appeal in Contractual Dispute Over Lease Agreement Execution. High Court's Decision to Relegate Parties to Appropriate Forum Upheld Due to Disputed Questions of Fact Under Article 226 of the Constitution of India.

4 Oct 2021

The dispute arose from a lease agreement for Hotel Nilachal Ashok in Puri, where the State of Odisha had granted a 99-year lease to Utkal Ashok Hotel ...

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