The Supreme Court (SC) has observed that even if the family settlement was not registered, it would operate as a complete estoppel against the original plaintiff who was party to such settlement
Orders and Judgments Duration April 23, 2019 -May 07, 2019
The Supreme Court (SC), has observed that failure of the insured to disclose the policy of insurance obtained earlier in the proposal form entitled the insurer to repudiate the claim under the policy.
Orders and Judgments Duration April 08 – 22, 2019
The Supreme Court (SC) on Friday stayed the arbitration proceedings between Noida and Noida Toll Bridge Company Ltd over compensating the firm’s loss after the Allahabad High Court stopped collection of toll on DND Flyway linking Delhi with
Orders and Judgments Duration March 23, 2019- April 07, 2019
The Supreme Court (SC) has reiterated that the principle of Res Judicata is applicable to Writ Petitions as well. In P. Bandopadhya v. Union of India, a judgment of Bombay High Court was challenged before the SC. The present writ Petition was filed by former employees in the Overseas Communications Service, a Department of the Government of India. The High Court dismissed their plea holding that they were not eligible to avail pensionary benefits under the Government of India, since they had served for less than 10 years on the date of their
Orders and Judgments Duration March 08 – 22, 2019
The Supreme Court (SC) has referred to larger bench the correctness of its judgment in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, in which it was held that where the Transfer of Property Act, 1882 applied between landlord and tenant, disputes between the said parties would not be arbitrable. The bench was considering the appeal against Calcutta High Court (HC) order appointing an Arbitrator
Orders and Judgments Duration February 23- March 07, 2019
The Delhi High Court (HC) has held that the venue of Arbitration cannot change the intention of the parties to vest the courts in a specific region with exclusive jurisdiction over disputes arising out of the Arbitration or its award. The judgment was passed by a Single Judge Bench while deciding a preliminary objection with respect to the jurisdiction of the Delhi High Court
Orders and Judgments Duration February 08 – 22, 2019
The Supreme Court (SC) has reiterated that, while exercising the contempt jurisdiction, the court has to confine itself to the four corners of the order alleged to have been disobeyed.
The Judgement can be accessed
Orders and Judgments Duration – January 23 – February 07, 2019
The Petitioner, in the present case, has prayed for reference to Arbitration of disputes arising out of 12 purchase orders. The said purchase orders were issued prior to the filing of the suit and have remained unpaid. After amendment of the Arbitration and Conciliation Act, 1996 made with effect from 24th October, 2015, sub-section 6(A) has been incorporated into
Orders and Judgments Duration January 8 – 22, 2019
The Supreme Court has reiterated that a writ petition under Article 226 of the Constitution of India seeking writ of certiorari against judicial orders passed by civil courts is not maintainable.
Writ petition under Article 227 challenging the orders passed by Civil Courts refusing to grant interim injunction under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, will be maintainable
Orders and Judgments Duration – December 23, 2018 – January 07, 2019
Two persons, filed their claim petitions before the competent authority under the Minimum Wages Act, 1948 (“the Act”) against the Appellant. In these claim petitions, the Respondents claimed that, they had worked with the Appellant on her land for the relevant period but she did not pay them their legitimate wages despite rendering their services for her. The two applicants (workers/employees), therefore, claimed that their legitimate wages for the period in question be determined in the light of the provisions of the Act and the claimants