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Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Transfers of property made during the pendency of litigation are subject to the doctrine of lis pendens and are subservient to the final decision of the court — Such transfers are not void ab initio but remain invalid if the litigation goes against the transferor. Insolvency and Bankruptcy Code, 2016 — Section 9 — Application for corporate insolvency resolution process — Existence of a pre-existing dispute — Adjudicating authority must reject the application if notice of dispute has been received by the operational creditor or there is a record of dispute — The dispute must bring to the notice of the operational creditor the “existence” of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending — The authority needs to see if there is a plausible contention which requires further investigation and that the “dispute” is not a patently feeble legal argument or an assertion of fact unsupported by evidence — It is important to separate the grain from the chaff and to reject a spurious defence which is mere bluster — However, in doing so, the Court does not need to be satisfied that the defence is likely to succeed — The Court does not at this stage examine the merits of the dispute except to the extent indicated above — So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has to reject the application. Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided. Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz. Multi-State Cooperative Societies Act, 2002 — Section 64(d) — Investment of funds by Multi-State Co-operative Society (MSCS) — Permitted investments are in subsidiary institutions or institutions in the same line of business — Amendment aimed at preventing misuse of funds and ensuring financial discipline — “Same line of business” requires substantial or predominant sameness in core business activities, determined by MSCS’s bye-laws — Not to be construed expansively.
I B C

Insolvency and Bankruptcy Code, 2016 — Section 9 — Application for corporate insolvency resolution process — Existence of a pre-existing dispute — Adjudicating authority must reject the application if notice of dispute has been received by the operational creditor or there is a record of dispute — The dispute must bring to the notice of the operational creditor the “existence” of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending — The authority needs to see if there is a plausible contention which requires further investigation and that the “dispute” is not a patently feeble legal argument or an assertion of fact unsupported by evidence — It is important to separate the grain from the chaff and to reject a spurious defence which is mere bluster — However, in doing so, the Court does not need to be satisfied that the defence is likely to succeed — The Court does not at this stage examine the merits of the dispute except to the extent indicated above — So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has to reject the application.

Apr 12, 2026 sclaw
Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Transfers of property made during the pendency of litigation are subject to the doctrine of lis pendens and are subservient to the final decision of the court — Such transfers are not void ab initio but remain invalid if the litigation goes against the transferor.
Property Matters Transfer Of Property Act
Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Transfers of property made during the pendency of litigation are subject to the doctrine of lis pendens and are subservient to the final decision of the court — Such transfers are not void ab initio but remain invalid if the litigation goes against the transferor.
Insolvency and Bankruptcy Code, 2016 — Section 9 — Application for corporate insolvency resolution process — Existence of a pre-existing dispute — Adjudicating authority must reject the application if notice of dispute has been received by the operational creditor or there is a record of dispute — The dispute must bring to the notice of the operational creditor the “existence” of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending — The authority needs to see if there is a plausible contention which requires further investigation and that the “dispute” is not a patently feeble legal argument or an assertion of fact unsupported by evidence — It is important to separate the grain from the chaff and to reject a spurious defence which is mere bluster — However, in doing so, the Court does not need to be satisfied that the defence is likely to succeed — The Court does not at this stage examine the merits of the dispute except to the extent indicated above — So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has to reject the application.
I B C
Insolvency and Bankruptcy Code, 2016 — Section 9 — Application for corporate insolvency resolution process — Existence of a pre-existing dispute — Adjudicating authority must reject the application if notice of dispute has been received by the operational creditor or there is a record of dispute — The dispute must bring to the notice of the operational creditor the “existence” of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending — The authority needs to see if there is a plausible contention which requires further investigation and that the “dispute” is not a patently feeble legal argument or an assertion of fact unsupported by evidence — It is important to separate the grain from the chaff and to reject a spurious defence which is mere bluster — However, in doing so, the Court does not need to be satisfied that the defence is likely to succeed — The Court does not at this stage examine the merits of the dispute except to the extent indicated above — So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has to reject the application.
Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided.
C P C
Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided.
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz.
I P C

Indian Penal Code, 1860, S.376—Rape—Consensual Sex—Live-in Relation— Quashing—Held; (i) If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. (ii) The acknowledged consensual physical relationship between the parties would not constitute an offence under Section 376 of the IPC. 

Jan 30, 2019 sclaw

  2019(1) Law Herald (P&H) 12 (SC) : 2018 LawHerald.Org 1985 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul Nazeer Criminal…

Arbitration

Arbitrator–Appointment of the arbitrator named in the arbitration agreement is not a must, but while making the appointment the twin requirements of sub-section (8) of Section 11 have to be kept in view, considered and taken into Account–If it is not done, the appointment becomes vulnerable.

Jan 28, 2019 sclaw

2009(1) LAW HERALD (SC) 329 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice Aftab Alam…

Accident

Accident—Claim Petition—A procedural lapse, could not be made basis to reject the claim petition Accident—Claim Petition—If the Court did not exhibit the documents despite the appellants referring them at the time of recording evidence then in such event, the appellants cannot be denied of their right to claim the compensation on the ground that requisite documents were not on record

Jan 27, 2019 sclaw

2018(4) Law Herald (SC) 3137 : 2018 LawHerald.Org 1851 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Accident

Motor Vehicles Act, 1988, S.I66–Accident-Claim Petition-Claims Tribunal is empowered to treat the report of the accident on its receipt as if it is an application made by the claimant for award of the compensation to him under the Act by virtue of Section 166 (4) of the Act and thus has jurisdiction to decide such application on merits in accordance with law.

Jan 27, 2019 sclaw

2018(4) Law Herald (SC) 3137 : 2018 LawHerald.Org 1851 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

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Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Transfers of property made during the pendency of litigation are subject to the doctrine of lis pendens and are subservient to the final decision of the court — Such transfers are not void ab initio but remain invalid if the litigation goes against the transferor.

Apr 12, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 9 — Application for corporate insolvency resolution process — Existence of a pre-existing dispute — Adjudicating authority must reject the application if notice of dispute has been received by the operational creditor or there is a record of dispute — The dispute must bring to the notice of the operational creditor the “existence” of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending — The authority needs to see if there is a plausible contention which requires further investigation and that the “dispute” is not a patently feeble legal argument or an assertion of fact unsupported by evidence — It is important to separate the grain from the chaff and to reject a spurious defence which is mere bluster — However, in doing so, the Court does not need to be satisfied that the defence is likely to succeed — The Court does not at this stage examine the merits of the dispute except to the extent indicated above — So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has to reject the application.

Apr 12, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided.

Apr 12, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz.

Apr 12, 2026 sclaw