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Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution

20 Feb 2019

The Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

20 Feb 2019

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

Supreme Court

Supreme Court Dismisses Appeal in Mortgage Redemption Case — Mortgage Extinguished by Act of Parties Under Section 60 TP Act. The right to redeem was extinguished when the mortgagee assignee received the mortgage amount and delivered possession to the decree-holder, even without formal endorsement.

8 Feb 2019

The appellants, Smt. Gowramma and another, were the original plaintiffs who had mortgaged their land in 1980 to Bangarasetty for Rs. 3,000. In 1982, t...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

Supreme Court

Supreme Court Sets Aside Contempt Conviction of Purchaser in Specific Performance Suit — Lack of Knowledge of Injunction and Vendor's Acquittal Lead to Acquittal. Purchaser Cannot Be Held in Contempt When Vendor Exonerated and No Evidence of Knowledge of Interim Order Under Order XXXIX Rule 2(a) CPC.

22 Jan 2019

The Supreme Court allowed an appeal against a High Court order affirming the Executing Court's finding of contempt against the appellant, Ramasamy, fo...

Supreme Court

Supreme Court Drops Contempt Proceedings Against Respondent in Licence Fee Dispute — No Intentional Violation Found as Execution Petition Pending. Court held that pendency of execution petition before competent court negates inference of intentional violation of order directing payment of admitted licence fee and common area maintenance charges.

4 Jan 2019

The contempt petition was filed by M/S MDDA Ramky ISBT Ltd. against Ombir Singh Tomar alleging violation of an order dated 17th April, 2017 passed in ...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

1 Jan 2019

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

Supreme Court

Supreme Court Allows Appeal Against Ex-Parte Decree Despite Dismissal of Order IX Rule 13 Application — Delay Condoned Due to Pendency of Earlier Proceedings. The Court held that the statutory right of appeal under Section 96(2) CPC is not extinguished by the dismissal of an application under Order IX Rule 13 CPC, and time spent in bona fide proceedings for setting aside the ex-parte decree constitutes sufficient cause for condonation of delay under Section 5 of the Limitation Act.

1 Jan 2019

The Supreme Court allowed the appeal filed by the defendant-appellant against the order of the Madras High Court refusing to condone the delay of 546 ...

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