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Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

Supreme Court

Supreme Court Dismisses Cantonment Board's Appeal in Arbitration Appointment Dispute. Limitation period for Section 11 application under Arbitration and Conciliation Act, 1996 runs from date of refusal to appoint arbitrator, not from request date, under Article 137 of Limitation Act, 1963, and no claim certificate does not extinguish arbitration clause.

15 Mar 2021

The dispute arose from three contracts dated 23.09.2000 and 17.09.2001 between Secunderabad Cantonment Board (appellant) and M/s B. Ramachandraiah & S...

Supreme Court

Supreme Court Acquits Husband in Murder Case Due to Insufficient Evidence and Failure to Prove Homicidal Death. Conviction under Section 302 IPC Set Aside as Medical Evidence Was Inconsistent and Did Not Rule Out Suicide, Applying Principles of Circumstantial Evidence from Sharad Birdhichand Sarda v. State of Maharashtra.

2 Mar 2021

The appeal arose from a murder conviction under Section 302 of the Indian Penal Code, 1860, where the appellant, husband of the deceased, was accused ...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

Supreme Court

Supreme Court Quashes High Court's Declaration That Gond Gowari Tribe Is Extinct, Reaffirms Parliamentary Power Over Scheduled Tribes List. The Court Held That Only Parliament Can Amend the Scheduled Tribes List Under Article 342(2) of the Constitution, and Courts Cannot Tinker with Entries in the Constitution (Scheduled Tribes) Order, 1950.

18 Dec 2020

The Supreme Court heard appeals against a common judgment of the Bombay High Court, Nagpur Bench, dated 14.08.2018, which allowed four writ petitions ...

Supreme Court

Supreme Court Upholds International Arbitral Award in Coal Supply Dispute — Damages Awarded for Breach of Contract. Division Bench of Delhi High Court Erred in Setting Aside Majority Award Under Section 37 of Arbitration and Conciliation Act, 1996 as Findings Were Plausible and Not Perverse.

17 Dec 2020

The Supreme Court of India heard an appeal against a Division Bench judgment of the Delhi High Court that had set aside a majority international arbit...

Supreme Court

Supreme Court Allows Appeal of Daughter-in-Law Against Eviction Under Senior Citizens Act, 2007 — Protection of Women from Domestic Violence Act, 2005 Right of Residence Prevails Over Senior Citizens Act, 2007. The court held that the authorities under the Senior Citizens Act, 2007 have no jurisdiction to order eviction of a woman entitled to residence under Section 17 of the PWDV Act, 2005, and the property transfers were collusive to defeat her rights.

11 Dec 2020

The present dispute arises out of an application filed by the second and third respondents (parents-in-law of the appellant) under the Maintenance and...

Supreme Court

Supreme Court Upholds University's Autonomy in Affiliation Matters — AICTE Approval Not Binding on State University for Grant of Affiliation. The Court held that the University is entitled to apply its own norms and standards under Section 60 of the APJ Abdul Kalam Technological University Act, 2015, and cannot be compelled to grant affiliation solely on the basis of AICTE approval.

10 Dec 2020

The case involves a dispute between APJ Abdul Kalam Technological University (a State University) and Jai Bharath College of Management and Engineerin...

Supreme Court

Supreme Court Dismisses SLP Against High Court Order Rejecting Election Petition for Incurable Defects and Disqualification Under Section 8(3) of the Representation of the People Act, 1951. The Court held that defects in verification and prayer are incurable under Section 86(1) and that disqualification continues despite suspension of sentence.

9 Dec 2020

The petitioner, Saritha S. Nair, filed her nomination as an independent candidate for the Ernakulam Lok Sabha constituency in the April-May 2019 elect...

Supreme Court

Supreme Court Dismisses Challenges to One-Man Committee's Final Employee Allocation Between Telangana and Andhra Pradesh Power Utilities. Allocation Under Section 82 of Andhra Pradesh Reorganisation Act, 2014 Upheld as Final and Binding on All Parties.

7 Dec 2020

The Supreme Court dismissed a batch of miscellaneous applications filed by Telangana power utilities, employees, and associations challenging the fina...

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