Advocate Sushila
Advocate Sushila Ram 29 Nov 2021 12:13am
SUPREME COURT DECIDES WHETHER DELAY IN FILING APPEAL BEFORE DEBT RECOVERY TRIBUNAL CAN BE CONDONED
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In a recent case of Avneesh Chandan Gadgil and Another vs Oriental Bank of Commerce and Others Civil Appeal No. 6898 of 2021, a two Judge Bench of the #SupremeCourt comprising of J. M.R. Shah and J. Sanjiv Khanna passed a #Judgment dated 24-11-2021 on the issue, whether #delay in filing #appeal under the #Recovery of #Debts due to #Banks and #FinancialInstitutions…
Advocate Sushila
Advocate Sushila Ram 28 Nov 2021 11:59pm
SUPREME COURT HOLDS THAT SALE DEED EXECUTED WITHOUT PAYMENT OF CONSIDERATION HAS NO LEGAL EFFECT
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A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Ajay Rastogi and Abhay S. Oka passed a #Judgment dated 22-11-2021 in the case of Kewal Krishan v. Rajesh Kumar {Civil Appeal Nos. 6989-6992 Of 2021(Arising out of SLP (C) Nos. 2033-2036 of 2016)} and held that payment of #price is an essential part of a ##sale and that Sale…
Advocate Sushila
Advocate Sushila Ram 28 Nov 2021 11:51pm
SUPREME COURT DECIDES UPON THE ISSUE OF MODIFICATION OF ARBITRAL AWARD BY AN ARBITRAL TRIBUNAL
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A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices M.R. Shah and B.V. Nagarathna passed a #Judgment dated 22-11-2021 in the case of Gyan Prakash Arya vs Titan Industries Limited {Civil Appeal No.6876 of 2021} and held that an #Arbitrator cannot modify an Arbitral #Award under the Arbitration and Conciliation Act, 1996 (Act)…
Advocate Sushila
Advocate Sushila Ram 28 Nov 2021 11:43pm
SUPREME COURT HOLDS FIXING NOTIONAL INCOME SHOULD BE INCREASED IN ACCIDENT CASES DUE TO INFLATION
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A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices R. Subhash Reddy and Hrishikesh Roy vide #Judgment dated 16-11-2021 in the case of Kurvan Ansari alias Kurvan Ali & Anr. v. Shyam Kishore Murmu & Anr. {Civil Appeal No.6902 of 2021 (Arising out of Special Leave Petition (C) No.5311 of 2019)} held that fixing #notionalincome…
Advocate Sushila
Advocate Sushila Ram 28 Nov 2021 11:39pm
SUPREME COURT SETS ASIDE ARBITRAL AWARD THAT ALLOWS INTEREST AS IT IS CONTRARY TO THE AGREED CONTRACTUAL TERMS
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A Two-Judge Bench of the #SupremeCourt comprising of J. MR Shah and J. BV Nagarathna has in a matter of Union of India vs Manraj Enterprises Civil Appeal No. 6592 of 2021, passed a #Judgment dated 18-11-2021 and decided upon the issue of whether an #arbitrator can allow #interest on #award amount, if the parties had decided otherwise in their #contract.In…
Advocate Sushila
Advocate Sushila Ram 28 Nov 2021 11:33pm
SUPREME COURT UPHOLDS NCDRC’S VIEW ON UNJUSTIFIED DEMANDS OF A BUILDER
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The #SupremeCourt of India in the matter of Experion Developers Pvt Ltd vs Pawan Gupta (Civil Appeal Nos. 3703-3704/2020) vide its Order dated 12-01-2021 affirmed the National Consumer Dispute Redressal Commission, New Delhi (“#NCDRC”) Judgment dated 26-08-2021 that #cancelled the #demand for excess area on offer of #possession.Brief Facts:The facts…
Advocate Sushila
Advocate Sushila Ram 13 Nov 2021 6:03pm
SUPREME COURT REITERATES GROUNDS FOR SETTING ASIDE INTERNATIONAL AWARD IN CASE OF ECONOMIC OFFENCES
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The Supreme Court has in a case of Ratnam Sudesh Iyer vs Jackie Kakubhai Shroff passed a Judgment dated 10-11-2021 and reiterated the grounds for setting aside international arbitral award in cases of economic offences.In this case, one, Mr. Ratnam Iyer, the Appellant herein and Mr. Jackie Shroff, the Respondent herein, were shareholders in an investment…
Advocate Sushila
Advocate Sushila Ram 9 Nov 2021 4:17pm
SUPREME COURT DRAWS DISTINCTION BETWEEN PROCEEDINGS FOR QUASHING OF FIR AND A CRIMINAL TRIAL
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A Two Judge Bench of the Supreme Court has in a matter of Mahendra KC vs State of Karnataka and Others passed a Judgment dated 29-10-2021 and drawn a distinction between proceedings initiated for quashing of First Information Report (FIR) under Section 482 Code of Criminal Procedure 1973 (CrPC) and a criminal trial.In this case, a Complaint was filed…
Advocate Sushila
Advocate Sushila Ram 9 Nov 2021 4:03pm
SUPREME COURT REFUSES TO INTERVENE WHEN HIGH COURT JUDGMENT TAKES A PLAUSIBLE VIEW
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The Hon’ble #SupremeCourt of India in the case of State of Kerala and Another vs M/S Popular Estates (Now Dissolved) and another (Civil Appeal No. 903/2011) vide its Judgment dated 29-10-2021 held that power under #Article136 of the #Constitution of India cannot be exercised when the view taken by the High Court is merited with reasons.In this case,…
Advocate Sushila
Advocate Sushila Ram 9 Nov 2021 3:56pm
SUPREME COURT HOLDS THAT INSURANCE CLAIM CAN BE REJECTED IF PREMIUM IS NOT PAID ON THE DUE DATE
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A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Sanjiv Khanna and Bela M. Trivedi passed a #Judgment dated 29-10-2021 in the case of Life Insurance Corporation Of India And Another v. Sunita {Special Leave Petition (Civil) No. 13868 Of 2019} held that the #Insurance Claim is liable to be rejected if #premium was not paid…
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