Civil Appeal – Property Dispute – Inheritance Rights – Appeal against High Court’s order in a property dispute involving settlement deeds and inheritance rights. A mother transferred property to her sons and daughter in 1947, leading to legal battles over subsequent settlement deeds and claims of inheritance rights by various family members. [Para 1-14]
Settlement Deeds ...
Insolvency and Bankruptcy Code, 2016 – Section 62 - Appeals against National Company Law Appellate Tribunal (NCLAT) order – NCLAT upheld National Company Law Tribunal's (NCLT) dismissal of appellant’s applications under Section 60(5) of the IBC – Supreme Court found that neither NCLT nor NCLAT adequately addressed the appellant's claim and status as a secured credit...
Election Petition – Validity and Compliance with Provisions – Appellant's appeal against the High Court of Kerala's decision to not reject the election petition at the threshold – High Court's decision upheld by the Supreme Court – Non-compliance with Section 81(3) of the Representation of the People Act, 1951, regarding the number of copies not considered fatal...
Right to Legal Representation – Fundamental Rights Violation: Challenge to the resolution of the Mysore Bar Association, dated 16th March 2019, prohibiting its members from filing vakalatnama on behalf of the petitioner – Considered a violation of the petitioner's fundamental right to legal representation and the lawyers' right to practice their profession – Supreme Court...
Civil Appeal – Chartered Accountant's Professional Conduct – Appeal against High Court's decision upholding Rule 9(3)(b) of the Chartered Accountants’ (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 – Challenged rule allows Board of Discipline to disagree with Director (Discipline) and refer matter to Disciplinary C...
Specific Performance of Sale Agreement – Upholding trial court’s decision for specific performance – Defendant (Appellant) challenged the authenticity of the sale agreement dated 25.05.2009 and receipt of advance payment – Trial court findings confirmed, establishing the agreement's validity and appellant's contractual obligations. [Paras 8, 15, 24-26, 34, 55-56]
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No Confidence Motion and Membership Validity - Appellant No. 1, Sudhir Vilas Kalel's membership in the Jambulani Gram Panchayat and the validity of a No Confidence Motion against the Sarpanch, Appellant No. 2, Sushila Sitaram Kalel, under scrutiny - Issue centered around the validity of Sudhir's caste certificate and subsequent eligibility as a Panchayat member - Reliance on Maharashtra Vi...
Pre-emption Right Challenge - Appellants contested lower court findings on pre-emption right over property sold in 1983, claimed by respondents as tenants since 1949 - [Paras 2-4].
Notification and Pre-emption - Appellants argued notification dated 08.10.1985 under Punjab Pre-emption Act, 1913 exempted property within municipal limits from pre-emption - Issue of notification's applicability...
Deemed Export Benefit – Delay in Refund of Duty Drawback – Entitlement of Interest – M/S. B. T. Patil and Sons’ claim for duty drawback under the ‘deemed export’ scheme was eventually accepted by the DGFT, but there was a considerable delay in the refund – The respondent sought interest on the delayed refund. [Paras 2.4-2.11, 28-29]
High Court...
Unconditional Stay on Arbitral Award – Granting – Arbitration Petition for Exclusive Marketing Agreement – Arbitrator awarded damages without proof of actual loss, contradicting settled law – Court finds award perversely and patently illegal, granting an unconditional stay. [Paras 1-37]
Principles of Damages in Contractual Breaches – Applicability and Pro...