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Supreme Court Upholds Arbitral Award in Consignment Agent Dispute — MMTC Ltd. v. Vedanta Ltd. Scope of Interference with Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 Limited to Grounds of Public Policy and Patent Illegality.

The Supreme Court dismissed the civil appeal filed by MMTC Ltd. against the judgment of the Bombay High Court which had upheld the majority arbitral a...

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Supreme Court Allows Father's Appeal in Child Custody Dispute, Upholds Use of Mediator and Counsellor Reports. Reports of Child Counsellor and Mediator Regarding Child's Behavior and Attitude Are Not Confidential Under Mediation Confidentiality Rules.

The appellant, Perry Kansagra, a Kenyan and British citizen, and the respondent, Smriti Madan Kansagra, an Indian citizen, married on 29 July 2007 in ...

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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.

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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Supreme Court Dismisses Appeal in Specific Performance Suit for Want of Proof of Readiness and Willingness. Plaintiff Failed to Aver and Prove Continuous Readiness and Willingness Under Section 16(c) of the Specific Relief Act, 1963.

The appellant, Mehboob-ur-Rehman (since deceased, represented by legal representatives), filed a suit for specific performance of an agreement to sell...

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Supreme Court Dismisses Appeal by Union of India Against Quashing of Show Cause Notices in Service Tax Classification Dispute. Transport Operators' Services Classified as 'Goods Transport Agency' Not 'Cargo Handling Service' Based on Binding CBEC Circulars.

The case involves an appeal by the Union of India against a Gujarat High Court judgment quashing show cause notices issued to transport operators unde...

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Supreme Court Quashes Criminal Proceedings in Family Property Dispute — Allegations of Criminal Breach of Trust and Cheating Not Made Out. Transfer of Money Between Relatives Without Entrustment or Deception Does Not Attract Sections 405, 406, 415, 420 IPC.

The appeal arose from a judgment of the Karnataka High Court which rejected the appellants' petition to quash criminal proceedings initiated by the fi...

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Supreme Court Upholds Preferential Right of Heir Under Section 22 of Hindu Succession Act in Agricultural Land Dispute. Section 22 Applies to Agricultural Land as Succession is a Concurrent Subject and Section 4(2) Omission Confirms Uniform Application.

The appeal arose from a dispute between two brothers, Santokh Singh and Nathu Ram, who inherited agricultural land from their father. An arrangement f...

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Supreme Court Upholds Reinstatement of Teacher in Private Aided School — Writ Maintainable Against Body Performing Public Duty. Termination Without Prior Approval of Education Authority Held Illegal Under Delhi School Education Act, 1973.

The appeal arose from a dispute between Marwari Balika Vidyalaya (appellant-school) and Asha Srivastava (respondent-teacher). The respondent was appoi...

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Supreme Court Upholds Levy of Sewerage Cess on Industrial Unit Discharging Effluents Through Common Treatment Plant into Board's Sewer System. Section 55 of HMWS&S Act, 1989 imposes cess irrespective of direct connection, and proviso applies only when area is not served by any sewerage system.

The appellant, Vasant Chemicals Limited, an amalgamated company manufacturing dye intermediates, obtained bulk water supply from the Hyderabad Metropo...