The Supreme Court, while deciding the issue that whether the period of limitation for filing the Petition under Section 34 of Arbitration and Conciliation Act would commence from the date on which the draft award was circulated to the parties, or the date on which…

The Supreme Court in Asha John Divinathan Vs. Vikram Malhotra & ors., on 26.02.21 held that “From the analysis of Section 31 of the 1973 Act and upon conjoint reading with Sections 47, 50 and 63 of the same Act, we must hold that the requirement of taking…

The Supreme Court in Bangalore Electricity Supply Company Limited (BESCOM Vs. E.S. Solar Power Pvt. Ltd. & Ors., dated 03.05.21 held that “The duty of the Court is not to delve deep into the intricies of human mind to explore the undisclosed intention, but only to take…

The Supreme Court in Rahul Sharma Vs. National Insurance Co. Ltd., dated 07.05.21 reiterated that “This Court in a Five Judge Bench decision in National Insurance Co. Ltd. Vs. Pranay Sethi (2017) 16 SCC 680, clearly held that in case the deceased is self-employed and below the…

The Supreme Court in Sanjay Kumar Rai Vs. State of Uttar Pradesh, dated 07.05.21, held that “The correct position of the law laid down in Madhu Limaye (supra), thus is that orders framing charges or refusing discharge are neither interlocutory nor final in nature and are therefore…

The Supreme Court in Municipal Committee, Hoshiarpur vs. Punjab State Electricity Board, (2010) 13 SCC 216 has decided that “There is no prohibition on entertaining a second appeal even on a question of fact provided the court is satisfied that the findings of fact recorded by the…

The Supreme Court in the High Court of Judicature at Madras, Rep. by its Registrar General Versus M.C. Subramaniam & Ors., dated 17.02.21 held that “thus, in our view, the High Court was correct in holding that Section 89 of the CPC and Section 69A…

The Supreme Court in UNITECH Limited & Ors. Vs. Telangana State Industrial Infrastructure Corporation (TSIIC) & Ors., dated 17.02.21 held that “It is necessary to postulate that recourse to the jurisdiction under Article 226 of the Constitution is not excluded altogether in a contractual matter. A public…

The Supreme Court held that “A suit for specific performance cannot be dismissed on the sole ground of delay or laches. However, an exception to this rule is where an immovable property is to be sold within a certain period, time being of the essence,…

The Supreme Court during an appeal against the Order of NCDRC where the manufacturer was equally made responsible with dealer for the sale of an old car instead of new one to the consumer held that “The record establishes the absolute dearth of pleadings by…