Search Results for "decree"

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Supreme Court

Supreme Court Examines Scope of Section 34 Arbitration Act in National Highways Acquisition Disputes - The court considered whether modification of arbitral awards is permissible under Section 34 of the Arbitration and Conciliation Act, 1996, particularly for compensation awards under the National Highways Act, 1956.

20 Jul 2021

The Supreme Court addressed a significant legal question regarding the scope of judicial intervention under Section 34 of the Arbitration and Concilia...

Supreme Court

Supreme Court Upholds Rejection of Plaint in Civil Suit Due to Failure to Seek Necessary Declarations Under Specific Relief Act. The suit was barred under Section 34 of the Specific Relief Act, 1963, as the plaintiff admitted executing sale deeds as security but did not seek declarations regarding their validity, leading to rejection under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908, with no amendment permitted after rejection.

20 Jul 2021

The dispute originated from a suit filed by the plaintiff (appellant) against multiple defendants (respondents) concerning property transactions and a...

Supreme Court

Supreme Court Allows Appeal in Bank Guarantee Case, Setting Aside High Court Order on Additional Evidence. The Court Held That Alleged Signature Fraud Unrelated to Bank Guarantee Could Not Justify Interference Under Limited Scope for Encashment Restraint, and Application Under Order 41 Rule 27 CPC Was Properly Rejected by First Appellate Court.

19 Jul 2021

The dispute originated from a suit filed by the respondent (Delta Marine Company) seeking permanent injunction against the appellant (Atlanta Infrastr...

Supreme Court

Supreme Court Dismisses Special Leave Petition Challenging High Court's Setting Aside of Ex Parte Decree in Specific Performance Suit. High Court's Intervention Under Article 227 Upheld as Ex Parte Decree Was Nullity Due to Non-Appointment of Guardian for Minor Defendant Under Order XXXII Rule 3 CPC, Despite Defendants' Negligence and Delay.

16 Jul 2021

The dispute originated from a suit for specific performance of a sale agreement, where the plaintiffs obtained an ex parte decree against the defendan...

Supreme Court

Supreme Court Allows Appeal in Family Property Dispute Over Compromise Decree Registration. Compromise Decree Arising from Family Settlement Does Not Require Compulsory Registration Under Section 17(2)(vi) of Registration Act, 1908, as Parties Had Pre-existing Rights as Heirs.

6 Jul 2021

The dispute involved two sons of late Vijendra Singh contesting ownership of ancestral land. The appellant filed a suit for possession in 1978, disput...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

30 Jun 2021

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

Supreme Court

Supreme Court Upholds Landowners' Challenge to Tamil Nadu Land Acquisition Laws Revival Act, 2019 on Grounds of Separation of Powers and Constitutional Invalidity. The Court held that legislative revival of enactments declared unconstitutional due to repugnancy under Article 254 of the Constitution is impermissible without re-enactment and fresh Presidential assent, as it overrules judicial determination and violates constitutional limits.

29 Jun 2021

The Supreme Court of India, in a civil original jurisdiction writ petition, addressed a constitutional dispute concerning the separation of powers and...

Supreme Court

Supreme Court Dismisses Appeals in MSMED Act Arbitration Cases on Limitation and Counterclaim Issues. The Court held that the Limitation Act, 1963 applies to arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006, and counterclaims are maintainable under Section 23(2A) of the Arbitration and Conciliation Act, 1996, affirming the High Court's remand and arbitrator appointment orders.

29 Jun 2021

The Supreme Court of India addressed two consolidated civil appeals involving arbitration proceedings under the Micro, Small and Medium Enterprises De...

Supreme Court

Supreme Court Reverses High Court in Contract Dispute Over Business Transfer vs. License Agreement. The Court held that the agreement was a transfer of existing business, not a license in premises under Bombay Rent Act, based on plain contractual language excluding extrinsic evidence.

7 May 2021

The appeal arose from a dispute over an agreement dated 07.02.1963 between the appellant, who inherited a stationary business from her deceased husban...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Case Involving Land Acquisition. High Court's modification of decree to award compensation under Land Acquisition Act upheld, as specific performance became impossible due to acquisition during suit pendency under Section 21 of Specific Relief Act, 1963.

30 Apr 2021

The dispute originated from an agreement to sell executed on 9 March 2010, where the plaintiff paid Rs. 31,50,000 out of a total consideration of Rs. ...

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