Search Results for "counter claim"

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Supreme Court Allows Indian Railways' Appeals, Upholds Its Status as Deemed Dist...
Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of...
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Search Results for "counter claim"

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Supreme Court

Supreme Court Allows Appeal on Arbitrator Fees: NHAI's Revised Fee Schedule Prevails Over Fourth Schedule of Arbitration Act. The court held that arbitrator fees fixed by agreement are binding and that the Fourth Schedule does not override such agreement, but the fee schedule is subject to revision by subsequent policy circulars.

10 Jul 2019

The Supreme Court dealt with two appeals concerning arbitrator fees in contracts with the National Highways Authority of India (NHAI). In Civil Appeal...

Supreme Court

Supreme Court Upholds High Court's Preliminary Decree in Christian Intestate Succession Case — Family Settlement Not Proved. The Court affirmed that a Christian dying intestate devolves property equally among children and spouse, and an oral family settlement without registration or clear evidence is not binding.

2 Jul 2019

The case involves a dispute over the intestate succession of John D. Abraham, a Christian who died in 1964. The suit property was his estate. The plai...

Supreme Court

Supreme Court Restores Concurrent Findings of Fact in Property Dispute, Sets Aside High Court's Interference Under Section 100 CPC. High Court Exceeded Jurisdiction by Reappreciating Evidence and Holding Unregistered Partition List Inadmissible Without Considering Collateral Use.

1 May 2019

The Supreme Court allowed the appeal filed by the original defendants, setting aside the High Court's judgment and restoring the concurrent findings o...

Supreme Court

Supreme Court Allows Appeal by Lokayukta Police in Corruption Case: High Court Erred in Quashing Proceedings at Discharge Stage Based on Premature Application of Section 65B Evidence Act. The court held that the requirement of a certificate under Section 65B arises only at the time of production of electronic evidence during trial, not at the stage of discharge, and that preliminary inquiry using spy camera is permissible.

1 May 2019

The Supreme Court allowed the appeal filed by the State by Karnataka Lokayukta Police against the judgment of the Karnataka High Court which quashed c...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where parties have agreed on a procedure for appointment of arbitrator, the court must respect it unless bias or failure is shown.

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Amendment of Plaint to Correct Mistake in Description of Plaintiff in Recovery Suit. Inadvertent Error in Naming Individual Instead of Company Held Curable Under Order 6 Rule 17 CPC.

1 Mar 2019

The appellant, Varun Pahwa, as Director of Siddharth Garments Pvt. Ltd., filed a suit for recovery of Rs. 25,00,000/- advanced as loan to the responde...

Supreme Court

Supreme Court Allows Appeal in Port Damage Case — Endorsement of Liability Obtained by Coercion is Void. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta — Endorsement of liability obtained by wrongful detention of vessel is void under Section 17 of the Indian Contract Act, 1872.

15 Feb 2019

The case arises from an incident on 27 August 1987 when the vessel M.V. Chennai Nermai, owned by Essar Shipping Ltd. (appellant), collided with a coal...

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