Constitutional Law with Article 227

Supreme Court clarifies jurisdiction objections in arbitration: Lion Engineering Consultants vs. State of M.P. (2018)

Supreme Court clarifies jurisdiction objections in arbitration: Lion Engineering Consultants vs. State of M.P. (2018) LEGAL ISSUE: Whether a plea of jurisdiction can be raised under Section 34 of the Arbitration and Conciliation Act, 1996, even if not raised under Section 16 of the same Act. CASE TYPE: Arbitration Law Case Name: M/S Lion Engineering […]

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Supreme Court clarifies jurisdiction in Arbitration Cases: Lion Engineering Consultants vs. State of M.P. (22 March 2018)

Supreme Court Clarifies Jurisdiction in Arbitration Cases: Lion Engineering Consultants vs. State of M.P. (2018) LEGAL ISSUE: Whether an objection to jurisdiction can be raised under Section 34 of the Arbitration and Conciliation Act, 1996, even if not raised earlier under Section 16 of the same Act. CASE TYPE: Arbitration Law Case Name: M/S Lion

Supreme Court clarifies jurisdiction in Arbitration Cases: Lion Engineering Consultants vs. State of M.P. (22 March 2018) Read Post »

Supreme Court Clarifies Status of Appellate Officer under Public Premises Act: LIC vs. Nandini J. Shah (20 February 2018)

Supreme Court Clarifies Status of Appellate Officer under Public Premises Act: LIC vs. Nandini J. Shah (2018) LEGAL ISSUE: Whether an Appellate Officer under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 acts as a Civil Court or as a persona designata. CASE TYPE: Public Premises Eviction Law Case Name: Life

Supreme Court Clarifies Status of Appellate Officer under Public Premises Act: LIC vs. Nandini J. Shah (20 February 2018) Read Post »

Supreme Court Allows Amendment of Written Statement in Property Dispute: Raj Kumar Bhatia vs. Subhash Chander Bhatia (2017) INSC 754

Date of the Judgment: December 15, 2017 Citation: (2017) INSC 754 Judges: Dipak Misra, CJI, A. M. Khanwilkar, J, Dr D Y Chandrachud, J Can a party amend their written statement to include a new defense, even if it is years after the initial filing? The Supreme Court of India addressed this question in a

Supreme Court Allows Amendment of Written Statement in Property Dispute: Raj Kumar Bhatia vs. Subhash Chander Bhatia (2017) INSC 754 Read Post »

Supreme Court Upholds Civil Court Jurisdiction in Land Dispute: Harpal Singh vs. Ashok Kumar (2017)

LEGAL ISSUE: Whether a civil court has jurisdiction over a land dispute when the land’s agricultural character is contested under the Delhi Land Reforms Act, 1954. CASE TYPE: Civil Appeal Case Name: Harpal Singh vs. Ashok Kumar & Anr [Judgment Date]: 15 December 2017 Date of the Judgment: 15 December 2017 Citation: CIVIL APPEAL NO.

Supreme Court Upholds Civil Court Jurisdiction in Land Dispute: Harpal Singh vs. Ashok Kumar (2017) Read Post »

Supreme Court orders fresh trial in land grabbing case: Dr. Kazimunnisa vs. Zakia Sultana (2017)

LEGAL ISSUE: Land ownership and illegal possession under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. CASE TYPE: Land Grabbing Case Name: Dr.Kazimunnisa (Dead) By L.R. vs. Zakia Sultana (Dead) By L.R.& Ors. [Judgment Date]: 15 November 2017 Introduction Date of the Judgment: 15 November 2017 Citation: 2017 INSC 1037 Judges: R.K. Agrawal, J. and

Supreme Court orders fresh trial in land grabbing case: Dr. Kazimunnisa vs. Zakia Sultana (2017) Read Post »

Supreme Court Allows Elderly Plaintiff to Testify Via Commission: Prasadi Devi vs. Nagar Palika (2017)

LEGAL ISSUE: Whether an elderly and illiterate plaintiff can be allowed to present their evidence through a commission at their residence. CASE TYPE: Civil Case Name: Prasadi Devi vs. Nagar Palika Sawai Madhopur Judgment Date: 13 November 2017 Date of the Judgment: 13 November 2017 Citation: 2017 INSC 987 Judges: R.K. Agrawal, J., Abhay Manohar

Supreme Court Allows Elderly Plaintiff to Testify Via Commission: Prasadi Devi vs. Nagar Palika (2017) Read Post »

Supreme Court Remands Amendment of Plaint Case: Shivang Mathur vs. Sohan Lal (2017)

Date of the Judgment: November 13, 2017 Citation: [Not Available in Source] Judges: Justice Kurian Joseph and Justice R. Banumathi. This was a two-judge bench. Can a High Court summarily dismiss a case without addressing the merits? The Supreme Court recently addressed this question in a case concerning the amendment of a plaint. The core

Supreme Court Remands Amendment of Plaint Case: Shivang Mathur vs. Sohan Lal (2017) Read Post »

Supreme Court Clarifies Arbitral Tribunal’s Power to Recall Termination Orders in Arbitration Proceedings

LEGAL ISSUE: Whether an arbitral tribunal has the power to recall its order terminating proceedings under Section 25(a) of the Arbitration and Conciliation Act, 1996, due to the claimant’s failure to file a statement of claim. CASE TYPE: Arbitration Law Case Name: SREI Infrastructure Finance Limited vs. Tuff Drilling Private Limited Judgment Date: 20 September

Supreme Court Clarifies Arbitral Tribunal’s Power to Recall Termination Orders in Arbitration Proceedings Read Post »

Supreme Court Upholds Eviction Order: Hameed Kunju vs. Nazim (2017)

LEGAL ISSUE: Whether the High Court was justified in interfering with the eviction order passed by the Trial Court. CASE TYPE: Eviction/Rent Control Case Name: Hameed Kunju vs. Nazim [Judgment Date]: 17 July 2017 Date of the Judgment: 17 July 2017 Citation: (2017) INSC 657 Judges: Abhay Manohar Sapre, J., R. Banumathi, J. Can a

Supreme Court Upholds Eviction Order: Hameed Kunju vs. Nazim (2017) Read Post »

Supreme Court clarifies maintainability of intra-court appeals in corruption cases: Ram Kishan Fauji vs. State of Haryana (21 March 2017)

LEGAL ISSUE: Whether an intra-court appeal is maintainable against a High Court order in a case related to corruption. CASE TYPE: Criminal Case Name: Ram Kishan Fauji vs. State of Haryana and Ors. Judgment Date: 21 March 2017 Date of the Judgment: 21 March 2017 Citation: (2017) INSC 238 Judges: Dipak Misra, J., A.M. Khanwilkar,

Supreme Court clarifies maintainability of intra-court appeals in corruption cases: Ram Kishan Fauji vs. State of Haryana (21 March 2017) Read Post »

Supreme Court Clarifies Necessary Parties in Writ Petitions Challenging Tribunal Orders: M.S. Kazi vs. Muslim Education Society (2016)

LEGAL ISSUE: Whether a tribunal is a necessary party in a writ petition challenging its order. CASE TYPE: Service Law Case Name: M.S. Kazi vs. Muslim Education Society & Ors. [Judgment Date]: 22 August 2016 Date of the Judgment: 22 August 2016 Citation: (2016) INSC 798 Judges: T.S. Thakur, CJI, A.M. Khanwilkar, J, Dr. D.Y.

Supreme Court Clarifies Necessary Parties in Writ Petitions Challenging Tribunal Orders: M.S. Kazi vs. Muslim Education Society (2016) Read Post »

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