Search Results for "void ab initio"

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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution

The Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

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Supreme Court Allows State's Appeal Against Regularisation of Daily Wage Employee. Appointment Was on Daily Wage Basis, Not Regular Selection Under Rule 22 of Subordinate Offices Ministerial Staff (District Recruitment) Rules 1985.

The Supreme Court allowed the appeal filed by the State of Uttar Pradesh against the judgment of the Allahabad High Court which had directed regularis...

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Supreme Court Allows Appeal in Property Dispute Over Limitation for Voidable Alienations by Guardian. Suit for Declaration and Possession Without Seeking Setting Aside of Sale Deeds Held Maintainable Under Article 65 of Limitation Act, 1963.

The case involves a property dispute arising from a Will executed by Petha Gounder on 17.05.1971, bequeathing a life interest to his sons Kannan and B...

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Supreme Court Dismisses Cooperative Society's Appeals Challenging Sale Deeds Executed in Favor of Members. Arbitrator under Delhi Cooperative Societies Act lacks jurisdiction to adjudicate validity of registered sale deeds, which can only be challenged before civil court.

The Supreme Court dismissed the appeals filed by Delhi Dayalbagh Cooperative House Building Society Ltd. against the orders of the Delhi High Court, w...

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Supreme Court Dismisses Appeal in Insurance Claim Dispute — Policy Cancellation Upheld Due to Non-Disclosure of Material Facts. Insured failed to disclose pre-existing health condition and pending litigation, rendering policy void ab initio under Section 45 of Insurance Act, 1938.

The appellant, a company, had taken an insurance policy from the respondent insurer. The policy was issued on 15.10.2010. However, on 17.10.2010, a me...

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Supreme Court Upholds Legitimacy of Child from Irregular Muslim Marriage in Partition Suit. Child born from marriage of Muslim man with Hindu woman held legitimate and entitled to inherit father's property under Muslim law.

The Supreme Court dismissed an appeal against the Kerala High Court's judgment that restored the trial court's decree in a partition suit. The dispute...