Supreme court
Arbitration | Objections To Arbitral Award Execution Maintainable Only If Decree Is Void Or Without Jurisdiction : Supreme Court
The Supreme Court on Monday (November 3) ruled against the stalling of the enforcement of an arbitral award at the execution stage, reiterating that the objections against the execution of an award lie in a narrow compass, such as only when a decree is inherently void or passed without jurisdiction. A bench of Justices Sanjay Kumar and K.V. Viswanathan upheld the Delhi High Court's...
Suit Seeking Simple Injunction Not Enough When Plaintiff Is Not In Possession Of Property & Title Is Disputed : Supreme Court
The Supreme Court held that when the title to the suit property is in dispute and possession rests with the defendant, a mere suit for injunction restraining interference with peaceful enjoyment of the property is not maintainable unless it is accompanied by a suit seeking a declaration of title and consequential recovery of possession. In other words, the Court held that when the plaintiff...
'Mere Refusal To Marry Won't Amount To Instigation Under S.107 IPC': Supreme Court Quashes Abetment Of Suicide Case
The Supreme Court has held that mere refusal to marry, even if true, by itself would not amount to “instigation” as contemplated under Section 107 of the Indian Penal Code, while quashing an FIR registered against a man accused of abetting the suicide of a woman who allegedly took her life after he backed out of their proposed marriage.A Bench of Justice JB Pardiwala and Justice...
Recent Important Supreme Court Judgments On Cheque Dishonour Under S 138 Negotiable Instruments Act
The Supreme Court has delivered certain crucial judgments on the Negotiable Instruments Act, 1881 (“NI Act”), ranging from issues clarifying the jurisdiction of filing of the cheque dishonor complaints to explaining when the cause of action arises for filing a complaint. The Court has also issued directives for the speedy trial of the NI Act cases. Moreover, holding that the cheque...
'No Discrimination Once State Fixes Higher Limit', Supreme Court Upholds Higher Gratuity Amount For Retired Employees Of Assam Finance Corp
The Supreme Court recently declined to interfere with the Gauhati High Court's ruling which ruled in favor of the retired employees granting them higher limit of gratuity set by the State Government. The Court said that once the State's regulation specifies a higher limit for the grant of gratuity, then there can't be discrimination regarding the disbursal of the amount of gratuity and...
