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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 Impleadment of Non-Signatory Group Company in Arbitration Under Group of Companies Doctrine. The court held that a non-signatory parent company can be bound by an arbitration agreement when the mutual intention of the parties is to bind both signatory and non-signatory entities, based on factors such as relationship, commonality of subject matter, and composite nature of transactions.

1 Jul 2019

The petitioner, Reckitt Benckiser (India) Private Limited, filed a petition under Sections 11(5), 11(9), and 11(12)(a) of the Arbitration and Concilia...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Allows Appeal in Consumer Dispute Over Flat Booking - Reduction of Booking Amount to 15% Upheld as Valid Novation. Developer's Failure to Execute Agreement and Cancellation of Allotment Amounts to Deficiency of Service Under Consumer Protection Act, 1986.

25 Apr 2019

The dispute arose from a residential apartment booked by the appellants, Suman Jindal and another, with the respondent developer, M/s. Adarsh Develope...

Supreme Court

Supreme Court Dismisses Appeal Against Quashing of FIR in Landlord-Tenant Dispute — Compromise Deed Upheld Despite Alleged Non-Hearing of Injured Persons. The Court held that the High Court rightly quashed the FIR under Section 482 CrPC as the parties had voluntarily settled the matter and the proceedings would be futile.

8 Feb 2019

The case arises from an incident on 5 December 2010 at a property in Punjabi Bagh, New Delhi, involving a landlord-tenant dispute. The FIR No. 382/201...

Supreme Court

Supreme Court Allows Suspended Director Access to Resolution Plans in Insolvency Case — Right to Effective Participation Under IBC. Suspended Board Members Entitled to Receive Resolution Plans and Relevant Documents for Effective Participation in CoC Meetings Under Section 24(3) of IBC and Regulation 21 of CIRP Regulations.

31 Jan 2019

The appeal arose from an Appellate Tribunal's order denying the appellant, a suspended director of Ruchi Soya Industries Ltd. (corporate debtor), acce...

Supreme Court

Supreme Court Allows Appeals in Part, Holds Interest on Delayed Payments Act, 1993 Applicable to Contracts Entered Before Its Commencement for Delays Occurring After 23.09.1992. The Court ruled that the Act is retroactive and applies to all payments made after its commencement, and that a suit for interest alone is maintainable.

23 Jan 2019

The Supreme Court considered appeals arising from a common judgment of the Gauhati High Court which had set aside trial court decrees in favor of supp...

Supreme Court

Supreme Court Upholds MERC Tariff Regulation Fixing Stringent Station Heat Rate for Dahanu TPS — No Discrimination Found. The Court held that the Maharashtra Electricity Regulatory Commission's differentiated norms for thermal generating stations based on past performance and efficiency are valid under the Electricity Act, 2003 and National Tariff Policy, 2006.

21 Jan 2019

The appellant, Reliance Infrastructure Limited, challenged the validity of Regulation 44.2(d) of the MERC (Multi Year Tariff) Regulations 2011, which ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Jurisdiction Dispute — Venue Designation as Bhubaneswar Constitutes Exclusive Seat for Supervisory Court. Madras High Court Erred in Assuming Jurisdiction Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Parties' Agreement Fixing Bhubaneswar as Venue/Seat.

1 Jan 2019

The appeal arose from a dispute between Brahmani River Pellets Limited (appellant) and Kamachi Industries Limited (respondent) concerning a contract f...

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