Search Results for "multiplicity of proceedings"

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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 Upholds Transposition of Defendants as Plaintiffs in Suit for Cancellation of Sale Deed — Subsequent Purchasers Pendente Lite Allowed to Continue Suit Despite Withdrawal by Original Plaintiffs. The Court Held That Defendants Who Were Originally Plaintiffs and Had Identity of Interest Could Be Transposed Under Order XXIII Rule 1-A CPC to Protect Their Rights and Avoid Bar of Limitation.

6 Mar 2019

The case involves a civil suit originally filed in 1989 by A.C. Nataraja Mudaliar against A.V. Manoharan (defendant No.1) and R. Dhanasundari @ R. Raj...

Supreme Court

Supreme Court Upholds Conviction Under NDPS Act for Charas Possession — Informant as Investigating Officer Does Not Automatically Vitiate Trial. The Court held that Section 50 NDPS Act does not apply to search of bags, and the informant being the investigating officer does not per se vitiate the trial if no prejudice is shown and the law was nebulous.

11 Feb 2019

The appellant, Varinder Kumar, was convicted under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for posses...

Supreme Court

Supreme Court Dismisses Appeal of Contractor in Arbitration Dispute Over Interest. Contractual Clauses 50 and 51 of GCC Barred Arbitral Tribunal from Awarding Interest on Delayed Payments Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996.

7 Feb 2019

The dispute arose from a contract awarded to Jaiprakash Associates Ltd. (JAL) by Tehri Hydro Development Corporation India Ltd. (THDC) for execution o...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

Supreme Court

Supreme Court Upholds High Court Order Quashing Chairman's Stay on Tribunal Proceedings — Chairman of Central Administrative Tribunal Cannot Stay Proceedings Pending Before a Division Bench While Sitting Singly. The Court held that the Chairman's power under Section 5(6) read with Section 25 of the Administrative Tribunals Act, 1985 does not extend to staying proceedings before a co-ordinate Bench.

1 Feb 2019

The Supreme Court dismissed the appeal filed by All India Institute of Medical Sciences (AIIMS) against the Uttarakhand High Court's order quashing th...

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