Supreme Court of India Judgements

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The Supreme Court held that for the purposes of calculating the limitation period for filing objections to an arbitral award, formal notice of the award is not required; awareness or knowledge of the award’s existence is sufficient Supreme Court found that the High Court should not have interfered with the Corporate Insolvency Resolution Process (CIRP) as the Insolvency and Bankruptcy Code (IBC) provides a complete mechanism for resolution Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013— Finality of Determinations— The Court established a precedent that once determinations regarding compensation and entitlements have been adjudicated and approved by the Court, they cannot be reopened by the Claims Commission based on changes in policy— This applies specifically to the ten villages for which reports were previously finalised— This means that the Commission should not re-evaluate or re-adjudicate cases that have already been settled. Judicial courts should exercise restraint in interfering with arbitration proceedings, allowing arbitral tribunals discretion in managing proceedings unless there is clear perversity or bad faith. Penal Code, 1860 (IPC) — Sections 415 and 420 — Cheating — The court found that the elements of cheating under Section 415 were not met — The appellant did not deceive the 4th respondent, nor did the sale deeds cause harm or damage to the 4th respondent — The appellant did not claim to be or represent the 4th respondent, nor did the appellant try to transfer the rights of the 4th respondent — The court cited a previous case, Mohd. Ibrahim vs. State of Bihar, (2009) 8 SCC 751 , stating that while a seller can be accused of defrauding a purchaser if they sell property that does not belong to them, a third party who is not the purchaser may not be able to make such a complaint
The Supreme Court held that for the purposes of calculating the limitation period for filing objections to an arbitral award, formal notice of the award is not required; awareness or knowledge of the award’s existence is sufficient
Arbitration
The Supreme Court held that for the purposes of calculating the limitation period for filing objections to an arbitral award, formal notice of the award is not required; awareness or knowledge of the award’s existence is sufficient
Supreme Court found that the High Court should not have interfered with the Corporate Insolvency Resolution Process (CIRP) as the Insolvency and Bankruptcy Code (IBC) provides a complete mechanism for resolution
I B C
Supreme Court found that the High Court should not have interfered with the Corporate Insolvency Resolution Process (CIRP) as the Insolvency and Bankruptcy Code (IBC) provides a complete mechanism for resolution
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013— Finality of Determinations— The Court established a precedent that once determinations regarding compensation and entitlements have been adjudicated and approved by the Court, they cannot be reopened by the Claims Commission based on changes in policy— This applies specifically to the ten villages for which reports were previously finalised— This means that the Commission should not re-evaluate or re-adjudicate cases that have already been settled.
Land Acquisition
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013— Finality of Determinations— The Court established a precedent that once determinations regarding compensation and entitlements have been adjudicated and approved by the Court, they cannot be reopened by the Claims Commission based on changes in policy— This applies specifically to the ten villages for which reports were previously finalised— This means that the Commission should not re-evaluate or re-adjudicate cases that have already been settled.
Judicial courts should exercise restraint in interfering with arbitration proceedings, allowing arbitral tribunals discretion in managing proceedings unless there is clear perversity or bad faith.
Arbitration
Judicial courts should exercise restraint in interfering with arbitration proceedings, allowing arbitral tribunals discretion in managing proceedings unless there is clear perversity or bad faith.
Cheque Dishonour

CHEQUE DISHONOUR — PERSONAL APPEARANCE OF ACCUSED “………..issue of hardship caused in personal attendance by an accused particularly where accused is located far away from the jurisdiction of the Court where the complaint is filed. HELD that even in absence of accused, evidence can be recorded in presence of counsel under Section 273 Cr.P.C. and Section 317 Cr.P.C. permitted trial to be held in absence of accused. Section 205 Cr.P.C. specifically enabled the Magistrate to dispense with the personal appearance. Having regard to the nature of offence under Section 138, this Court held that the Magistrates ought to consider exercise of the jurisdiction under Section 205 Cr.P.C. to relieve accused of the hardship without prejudice to the prosecution proceedings. “

Mar 14, 2018 sclaw

    CHEQUE DISHONOUR — PERSONAL APPEARANCE OF ACCUSED    “………..issue of hardship caused in personal attendance by an accused particularly where accused is located far away from the jurisdiction of…

Will & Succession

Succession—Once ancestral property is devolved by succession, the property thereafter ceases to be joint family property, and no right to partition a property which is no longer joint family property continues to subsist in any member of the coparcenary. Law as it applies to joint family property governed by the Mitakshara School prior to the amendment of 2005, summarized

Mar 12, 2018 sclaw

(2016) 160 AIC 1 : (2016) AIR(SCW) 1169 : (2016) 2 AIRJharR 118 : (2016) AIR(SC) 1169 : (2016) 3 ALLMR 451 : (2016) 2 AllWC 1474 : (2016) 115…

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Arbitration

The Supreme Court held that for the purposes of calculating the limitation period for filing objections to an arbitral award, formal notice of the award is not required; awareness or knowledge of the award’s existence is sufficient

Jan 11, 2025 sclaw
I B C

Supreme Court found that the High Court should not have interfered with the Corporate Insolvency Resolution Process (CIRP) as the Insolvency and Bankruptcy Code (IBC) provides a complete mechanism for resolution

Jan 11, 2025 sclaw
Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013— Finality of Determinations— The Court established a precedent that once determinations regarding compensation and entitlements have been adjudicated and approved by the Court, they cannot be reopened by the Claims Commission based on changes in policy— This applies specifically to the ten villages for which reports were previously finalised— This means that the Commission should not re-evaluate or re-adjudicate cases that have already been settled.

Jan 11, 2025 sclaw
Arbitration

Judicial courts should exercise restraint in interfering with arbitration proceedings, allowing arbitral tribunals discretion in managing proceedings unless there is clear perversity or bad faith.

Jan 11, 2025 sclaw