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Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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 Allows OBC Female Candidates in UP Police Constable Recruitment to Be Selected in General Category Based on Merit. Horizontal Reservation Principle Applied Equally to Female Candidates, Directing State to Consider OBC Females Scoring Above General Female Cut-Off.

18 Dec 2020

The case pertains to a Miscellaneous Application filed by Ms. Sonam Tomar (OBC-Female) and Ms. Reeta Rani (SC-Female) who participated in the 2013 sel...

Supreme Court

Supreme Court Allows OBC Female Candidates in UP Police Constable Recruitment to Be Considered Against General Category Vacancies. Horizontal Reservation Principle Requires Uniform Application of Cut-off Marks Across Genders, and Candidates with Higher Marks Than General Category Cut-off Cannot Be Denied Selection.

18 Dec 2020

The Supreme Court dealt with a Miscellaneous Application filed by two female candidates, Sonam Tomar (OBC-Female) and Reeta Rani (SC-Female), who part...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

Supreme Court

Supreme Court Quashes High Court's Declaration That Gond Gowari Tribe Is Extinct, Reaffirms Parliamentary Power Over Scheduled Tribes List. The Court Held That Only Parliament Can Amend the Scheduled Tribes List Under Article 342(2) of the Constitution, and Courts Cannot Tinker with Entries in the Constitution (Scheduled Tribes) Order, 1950.

18 Dec 2020

The Supreme Court heard appeals against a common judgment of the Bombay High Court, Nagpur Bench, dated 14.08.2018, which allowed four writ petitions ...

Supreme Court

Supreme Court Upholds International Arbitral Award in Coal Supply Dispute — Damages Awarded for Breach of Contract. Division Bench of Delhi High Court Erred in Setting Aside Majority Award Under Section 37 of Arbitration and Conciliation Act, 1996 as Findings Were Plausible and Not Perverse.

17 Dec 2020

The Supreme Court of India heard an appeal against a Division Bench judgment of the Delhi High Court that had set aside a majority international arbit...

Supreme Court

Supreme Court Allows University Appeal in CAS Promotion Date Dispute — Service in Affiliated College Not Counted for Promotion Prior to Joining University. The Court held that the effective date of promotion under CAS cannot be antedated to a period when the teacher was not on the rolls of the University or its constituent college.

17 Dec 2020

The Supreme Court allowed the appeal filed by Karnataka University against the judgment of the Karnataka High Court which had directed that the effect...

Supreme Court

Supreme Court Upholds Transfer of Winding Up Petition to NCLT Despite Admission Order. Discretion Under Section 434(1)(c) Companies Act, 2013 Properly Exercised Where Liquidation Was at Initial Stage and No Irreversible Steps Taken.

14 Dec 2020

The Supreme Court dismissed appeals by Action Ispat and Power Pvt. Ltd. against the Delhi High Court's order transferring a winding up petition to the...

Supreme Court

Supreme Court Allows Appeal in Permanent Injunction Suit — Lawful Possession Established Despite Title Not Being in Issue. The Court held that in a suit for injunction, proof of lawful possession suffices and title need not be proved unless specifically in issue, and that official documents over 30 years old are admissible under Section 90 of the Evidence Act.

14 Dec 2020

The appeal arises from a suit for permanent injunction filed by the appellants (plaintiffs) against the respondents (defendants) in 1974, alleging att...

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