Arbitration Law – Commencement of Arbitral Proceedings – Interim Protection – Appellant obtained ad-interim injunction under Section 9 of the Act on 17.02.2024 – High Court vacated injunction holding arbitration not “initiated” within 90 days under Section 9(2) read with Rule 9(4) of the 2001 Rules – Supreme Court held “commencement” under Sect...
Constitutional Law – Freedom of Religion – Article 25(1), 19(1)(a), 29(1), Constitution of India – Writ Petitions Maintainable – The High Court held that writ petitions seeking enforcement of a religious practice in protection of fundamental rights, including freedom to profess and practice religion (Article 25(1)), freedom of expression (Article 19(1)(a)), and the right to...
Civil Law – Partnership Firms – Abatement – Appeal by firm – Whether second appeal abates upon death of partner – Suit was instituted against partnership firm under Order 30 CPC without impleading partners personally – One partner died during suit, another during pendency of second appeal – Held: Under Order XXX Rule 4(1) CPC, substitution of legal represe...
Civil Law – Withdrawal of Suit – Plaintiff’s Right to Abandon – Dominus Litis – Plaintiffs, having settled with Defendant No. 5, sought to abandon the suit against him and delete Plot No. 73 from the suit – Trial Court rejected the application citing pendency of counter-claim by other defendants – Held: Under Order 23 Rule 1 CPC, plaintiffs have absolute r...
Banking Law – Freezing of Account – Dispute over Company Signatories – Axis Bank froze bank and demat accounts of appellant company citing conflicting communications and management dispute – Freeze based partly on letter from shareholder company (VTL) – Held: Axis Bank had no locus to rely on third-party communication – Bank duty-bound to act on customer’s...
Contempt of Court – Compliance – Supreme Court in earlier judgment directed Agra Development Authority to return ₹3,99,100 worth of non-judicial stamp papers – Respondent returned expired original stamp papers but did not refund the monetary value – Held: Act amounts to non-compliance in spirit, even if not in letter – Contempt petition maintainable [Paras 2-3]
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Civil Law – Impleadment – Necessary and Proper Party – Order 1 Rule 10 CPC - Appellant sought impleadment in a suit for recovery of service charges against respondent No.3, claiming to be its successor under Part IX of Companies Act, 1956 – Trial Court allowed impleadment – High Court reversed under Article 227 – Held: Appellant failed to establish valid success...
Civil Law - Specific Relief – Specific Performance – Readiness and Willingness – Plaintiff failed to prove financial capacity to pay balance sale consideration of ₹5.21 crores on due date – Did not appear before Sub-Registrar on date fixed for execution – Held: Plaintiff failed to establish readiness and willingness under Section 20 of the Specific Relief Act &ndash...
Arbitration – Section 11(6A) – Arbitrability of Disputes – Leave and License Agreement – Monetary Claims – Arbitrator Appointment – Exclusive Jurisdiction of Small Causes Court under Section 41 of 1882 Act – Valid Arbitration Clause Not Rendered Inoperative by Statutory Bar – Clause 33 of Agreement Held to Exist and Operative – High Court Right...
Arbitration – Jurisdiction of Arbitral Tribunal – Disputes beyond original notice – Tribunal appointed on State’s request to arbitrate only one dispute – Appellant later raised additional disputes (2 to 4) before Tribunal – High Court set aside award holding lack of notice under Section 21 was fatal – Held: Tribunal had jurisdiction – Arbitration cla...