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Supreme Court Sets Aside High Court Order Condoning Delay in Arbitration Challenge. Limitation Period Under Section 34(3) of Arbitration and Conciliation Act, 1996 Held Absolute and Not Extendable Beyond 30 Days.

The appellant, Mahindra and Mahindra Financial Services Ltd., had provided a loan to the respondent, Maheshbhai Tinabhai Rathod, for purchase of tract...

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Supreme Court Allows Appeal Against Council Award for Non-Compliance with Mandatory Arbitration Procedure Under MSMED Act. Council's Order Without Proper Conciliation and Arbitration Proceedings Held Invalid.

The appellant, Jharkhand Urja Vikas Nigam Limited, successor of Jharkhand State Electricity Board, entered into a contract with respondent No.3, M/s. ...

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Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

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Supreme Court Restores Acquittal in Police Murder Case: High Court's Reversal Set Aside Due to Lack of Proper Scrutiny of Evidence. The court held that the dying declaration was unreliable and the chance witnesses' testimony was contradictory, failing to prove guilt beyond reasonable doubt.

The case involves two accused, Mohan @ Srinivas @ Seena @ Tailor Seena and another, who were acquitted by the Sessions Court for the murder of a polic...

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Supreme Court Upholds Disqualification of MLA for Voluntarily Giving Up Party Membership Based on Newspaper Reports and Lack of Specific Denial. Speaker's reliance on newspaper reports and photographs held sufficient to infer voluntary abandonment of party membership under Tenth Schedule.

The appellant, Shri Kshetrimayum Biren Singh, was elected as a Member of the Manipur Legislative Assembly in March 2017 as a candidate of the Indian N...

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Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

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Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...