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Supreme Court

Supreme Court Restores Arbitral Award in Coal Supply Dispute, Upholds Plausible Contract Interpretation. High Court Exceeded Section 37 Jurisdiction by Substituting Its Own Construction of Coal Mining and Delivery Agreement.

27 May 2019

The dispute arose from a Coal Mining and Delivery Agreement (CMDA) executed on 16.07.2008 between Parsa Kente Collieries Limited (appellant) and Rajas...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

Supreme Court

Supreme Court Allows Developer's Appeals in Consumer Disputes Over Delayed Possession — Compensation Modified to 9% Interest Per Annum in Line with Consent Orders. The Court held that the developer is entitled to a three-year completion period and compensation for delay shall be at a uniform rate of 9% per annum, not the higher rates awarded by the NCDRC.

10 May 2019

The Supreme Court disposed of a batch of civil appeals arising from orders of the National Consumer Disputes Redressal Commission (NCDRC) concerning d...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Quashes FIR Against Appellants in Forgery Case for Clerical Error in Vakalatnama. High Court's Direction to Lodge Complaint Set Aside for Lack of Satisfaction Under Section 340 CrPC.

10 May 2019

The case arises from a criminal appeal against the judgment of the Madurai Bench of Madras High Court dated 14.09.2016, which dismissed the anticipato...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case — Order II Rule 2 CPC Bar Applicable for Successive Alienations. Two separate sale deeds by same vendor to same vendee on different dates constitute distinct causes of action, but suit for second alienation is barred if not included in earlier suit when cause of action was same.

10 May 2019

The Supreme Court considered an appeal against the High Court's judgment that set aside the concurrent findings of the trial court and first appellate...

Supreme Court

Supreme Court Dismisses Appeal Against Refusal to Summon Additional Accused Under Section 319 CrPC — Insufficient Evidence of Complicity. The Court upheld the concurrent findings of the trial court and High Court that the complainant failed to present strong and cogent evidence to warrant summoning the proposed accused.

10 May 2019

The appellant, Shiv Prakash Mishra, lodged an FIR on 06.09.2013 alleging that respondent No.2, Subhash Chandra Shukla, along with four others, formed ...

Supreme Court

Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

9 May 2019

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...

Supreme Court

Supreme Court Upholds High Court's Interpretation of Lease Deed in State of Bihar v. Tata Iron & Steel Co. Ltd. — Interest on Arrears of Rent Calculated on Lump Sum Basis, Not Per Annum, Under Clause (xii) of Lease Deed. The Court held that the absence of the words 'per annum' in Clause (xii) of the Lease Deed was deliberate and the demand for interest on a yearly basis was illegal.

9 May 2019

The case involves a dispute between the State of Bihar (now Jharkhand) and Tata Iron & Steel Co. Ltd. regarding the calculation of interest on arrears...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings of Trial Court and High Court. Property Purchased in Wife's Name Held to be Joint Family Property Based on Evidence of Contribution from Husband's Ancestral Funds.

9 May 2019

The case involves a partition suit filed by Rajeswari and others (plaintiffs) against Mangathai Ammal and others (defendants) concerning properties cl...

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