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Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Repudiation of Overseas Mediclaim Policy for Non-Disclosure of Pre-existing Condition Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Hyperlipidaemia at Time of Proposal.

6 Dec 2021

The appellant, Manmohan Nanda, sought an overseas mediclaim policy from United India Assurance Co. Ltd. to travel to the USA for a family wedding. He ...

Supreme Court

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.

3 Dec 2021

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

Supreme Court

Supreme Court Sets Aside Condonation of 1011 Days Delay in Filing Second Appeal — Gross Negligence and Lack of Sufficient Cause. Limitation Act Section 5 Requires Sufficient Cause for Entire Period of Delay; Unexplained Delay Cannot Be Condoned.

3 Dec 2021

The appellant, original plaintiff, filed a civil suit for permanent injunction which was dismissed by the Trial Court on 23.04.2016. The First Appella...

Supreme Court

Supreme Court Allows Fresh Resolution Process for Corporate Debtor Despite Default by Successful Resolution Applicant. Time Spent in Litigation Excluded to Uphold Maximisation of Asset Value Under Insolvency and Bankruptcy Code, 2016.

1 Dec 2021

The appeal arose from the corporate insolvency resolution process of Amtek Auto Limited, initiated under Section 7 of the Insolvency and Bankruptcy Co...

Supreme Court

Supreme Court Upholds High Court's Quashing of CIDCO's Lease Cancellation in Tender Dispute. The court held that CIDCO's cancellation was unjustified as the partnership firm's bid was initially accepted, changes were authorized, and no concrete breaches of tender terms were proven, applying principles of promissory estoppel and administrative fairness.

29 Nov 2021

The dispute arose from a tender called by the City and Industrial Development Corporation of Maharashtra (CIDCO) on 11.06.2008 for lease of land near ...

Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case by Setting Aside Arbitrator's Modification of Award Under Section 33 of Arbitration and Conciliation Act, 1996. Modification of gold value from Rs.740 per gram to Rs.20,747 per 10 grams was held beyond the scope of Section 33 as it corrected no arithmetical or clerical error but altered substantive relief based on the original claim.

22 Nov 2021

The dispute originated from an agreement dated 9 July 2003 between the parties, involving recovery of pure gold weighing 3648.80 grams. The respondent...

Supreme Court

Supreme Court Dismisses Trade Union's Petition Against Disinvestment of Government Shareholding in Public Sector Undertaking. Disinvestment Policy Upheld as Within Executive Domain, and Previous Litigation Barred Re-agitation Under Res Judicata in Public Interest Litigation Under Article 32 of Constitution.

18 Nov 2021

The National Confederation of Officers Association of Central Public Sector Enterprises, a trade union registered under the Trade Unions Act 1926, alo...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Arbitration Interest Dispute, Upholding Arbitrator's Award. Contractual Clause Barring Interest on Specific Deposits Does Not Prohibit Arbitrator from Awarding Pendente Lite and Future Interest Under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.

18 Nov 2021

The dispute originated from a contract between the Union of India and Manraj Enterprises for three work contracts, leading to arbitration. The sole ar...

Supreme Court

Supreme Court Dismisses Appeal in Ejectment Case Under Punjab Security of Land Tenures Act, 1953. Civil Suit Not Barred Under Section 25 as Revenue Court Order Was Without Jurisdiction Due to Absence of Landlord-Tenant Relationship and Invalid Sale of Trust Property.

17 Nov 2021

The Supreme Court of India heard a civil appeal arising from a dispute over ejectment of a tenant from agricultural land. The appellants, claiming to ...

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