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Supreme Court

Supreme Court Reverses High Court Order Permitting Evidence in Arbitration Challenge. The Court held that the 2019 amendment to Section 34(2)(a) of the Arbitration & Conciliation Act, 1996 is clarificatory and limits evidence to the arbitral record, disallowing additional evidence in Section 34 proceedings except in exceptional circumstances.

19 Jan 2023

The dispute arose from an arbitral award dated 12.03.1998, which was challenged by the respondents through an application under Section 34 of the Arbi...

Supreme Court

Supreme Court Quashes Conviction Under Section 138 of Negotiable Instruments Act, 1881 and Sets Aside Civil Decrees Based on Promissory Notes Due to Misuse of Blank Cheques Issued as Security. The Court Held That the Presumption Under Section 139 Was Rebutted as the Cheques Were Issued for Chitfund Security and Presented After Account Closure, and the Lender's Financial Capacity Was Not Proven in Civil Suits.

18 Jan 2023

The Supreme Court of India, in a judgment delivered by Justice B.R. Gavai, disposed of criminal and civil appeals arising from a dispute involving dis...

Supreme Court

Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

13 Jan 2023

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

Supreme Court

Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

13 Jan 2023

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

Supreme Court

Supreme Court Upholds State in Irrigation Restoration Charges Dispute Due to Estoppel and Contractual Obligation. The court held that a party who signs a contract and issues an undertaking accepting a consideration is estopped from later challenging it, based on principles of estoppel under the Indian Contract Act, 1872.

13 Jan 2023

The dispute arose between the State of Maharashtra and a power company over the levy of irrigation restoration charges for diverting water from agricu...

Supreme Court

Supreme Court Allows Buyer's Appeal in Specific Performance Suit, Reversing High Court's Decision on Readiness and Willingness. The Court held that the buyer's evidence, including plaint averments, deposition, and deposit of balance consideration, sufficiently established readiness and willingness under Section 16(c) of the Specific Relief Act, 1963, and the High Court erred in interfering with the Trial Court's findings.

5 Jan 2023

The dispute arose from an agreement to sell dated 13.03.2007, where the seller agreed to sell land to the buyer for Rs. 12,74,000, with Rs. 3 lakhs pa...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

Supreme Court Dismisses Civil Appeal in Property Title Dispute, Upholding High Court's Reversal of Trial Court Decree. The plaintiff failed to discharge the burden of proof to establish ownership of Schedule 'A' property under the Code of Civil Procedure, 1908, based on insufficient evidence including deeds and lack of lease documentation.

4 Jan 2023

The dispute originated from a title suit filed in 1986 by Smriti Debbarma on behalf of Maharani Chandratara Devi, seeking declaration of ownership ove...

Supreme Court

Supreme Court Allows Assessees in Interest Tax Act Case on Hire-Purchase Instalments. Hire-purchase agreements are distinct from loans, and interest component in instalments is not taxable under Section 2(7) of the Interest-Tax Act, 1974, as it does not constitute interest on loans and advances.

3 Jan 2023

The dispute involved a batch of civil appeals concerning the tax liability of non-banking finance and leasing companies under the Interest-Tax Act, 19...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Company and Its Officials in Breach of Trust Case Due to Lack of Prima Facie Evidence. The Court Held That Allegations of Forged Demand and Outstanding Amounts Pertained to Civil Disputes Under Dealership Agreements and Did Not Constitute Criminal Breach of Trust Under Section 406 Indian Penal Code, 1860.

2 Jan 2023

The appeal arose from criminal proceedings initiated by a private complaint alleging criminal breach of trust under Section 406 IPC against Jotun Indi...

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