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Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

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Supreme Court Allows Insurer's Appeal in Insurance Claim Repudiation Case Due to Non-Disclosure of Previous Claim. Duty of Utmost Good Faith Requires Full Disclosure of Material Facts in Proposal Form Under Indian Contract Act, 1872.

The appeal arose from a decision of the National Consumer Disputes Redressal Commission (NCDRC) which partly allowed the insurer's appeal against the ...

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Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

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Supreme Court Dismisses Appeal of Manufacturer Challenging Turnover Tax Assessment Under Karnataka Sales Tax Act. Levy of turnover tax on total turnover including interstate sales for classification purposes is constitutionally valid and does not exceed legislative competence.

The appellant, M/s. Achal Industries, a manufacturer and registered dealer of cashew kernels and cashew shell oil, was assessed for turnover tax under...

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Supreme Court Allows Insurance Company's Appeal, Sets Aside Arbitrator Appointment in Insurance Claim Dispute. Full and Final Settlement Discharge Voucher Signed Without Demur Bars Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The Supreme Court of India heard appeals by United India Insurance Co. Ltd. against a Delhi High Court order appointing an arbitrator under Section 11...