Property Law – Nature of Deed – Distinction between "Gift" and "Settlement" – Property Share Upheld – The deed executed in 1963 by two coparceners in favor of Govindammal was challenged as a gift deed lacking adequate consideration, contending it did not confer the claimed rights over 2/3rd of the property – Held: The deed constituted a valid settl...
Arbitration Law – Appointment of Arbitrator – Appeal under Section 11 of the Arbitration and Conciliation Act, 1996 – Appellant (Goqii Technologies Private Limited) challenged High Court’s dismissal of arbitration application, seeking appointment of arbitrator under Clause 18.12 of Master Services Agreement (MSA) with the Respondent (Sokrati Technologies Private L...
Arbitration Agreement Interpretation – Seat vs. Venue Distinction – The Court addressed whether Dubai, designated as the arbitration "venue," also serves as the arbitration's "seat," which would impact jurisdiction for appointing an arbitrator. The petitioner argued for Indian jurisdiction due to non-exclusive language on Dubai courts, substantial business ties ...
Partnership Law – Dissolution of Partnership – Rights of Outgoing Partner – Suit for Settlement of Accounts – Original plaintiff filed Suit No. 286 of 1978 seeking dissolution and settlement of accounts of a partnership firm, Crystal Transport Service, alleging improper conduct by other partners in diverting firm assets – Trial court's preliminary decree dissolved...
Company Law – Liquidation – Priority of Claims – Appeals filed by workmen challenging the order denying statutory interest on arrears of wages during the liquidation of the company – Appellants argued that workmen should receive interest similar to secured creditors, based on parity under Section 529A of the Companies Act – Held, workmen and secured creditors are pari...
Divorce – Mental Disorder – Section 13(1)(iii) of Hindu Marriage Act – Claim for Divorce Rejected – Appeal Allowed – The appellant-husband sought divorce on the ground that the respondent-wife suffered from schizophrenia, rendering her unsuitable for marital life – Held: Evidence failed to prove that the alleged mental disorder was of such a nature and degree as...
Arbitration Law – Review under Section 114 and Order XLVII Rule 1 CPC – Grounds for Review – Application Dismissed - The appellant sought a review of the judgment dismissing its appeal under Section 37 of the Arbitration and Conciliation Act, 1996, alleging errors on the face of the record, including the enforceability of exorbitant interest rates and misinterpretation of the san...
Chamber Allotment – Transparency and Fairness – Lack of Public Notification – Allotment Sustained - Appellant sought re-allotment of Chamber No. 103 on medical grounds, alleging that the allotment process lacked transparency – Court observed that while the chamber’s vacancy was not publicly notified, the allotment was based on seniority, and the appellant’s clai...
Contract Law – Pledge of Shares – Dispute Over Invocation Notice – Status Quo Ordered – Appeal Disposed Of – The appellant challenged the Trial Court’s interim order directing maintenance of status quo on the pledged shares, claiming contractual rights for invocation – Held: The Trial Court’s order was not on the merits of the applications but to pre...
Contractual Service – Annual Increment Entitlement – Appeal Allowed – The appellant and connected petitioners challenged the denial of annual increments for their contractual service despite its recognition for pension purposes under prior judicial decisions – Held: Contractual service shall also be counted for granting annual increments, in alignment with the principles in...