Category: Supreme Court

After a full and final discharge, if claim to arbitration is sustainable or not is clearly within the domain of the arbitral tribunal.  In a recent judgment, Hon’ble Supreme Court has held that notwithstanding receipt against the claim by the insured after giving a full and final discharge …

In an accident chain, the liability under MV Act would pass on to the vehicle which was the root cause of the accident – Supreme Court  In a recent judgment, Hon’ble Supreme Court has held that if an insured vehicle hits another vehicle which in turn hits a …

Court under Sections 34 and 37 of the Arbitration and Conciliation Act 1996 have limited powers to modify an arbitral award In a recent judgment, Hon’ble Supreme Court has held that the Court under Sections 34 and 37 of the Arbitration and Conciliation Act 1996 have limited powers …

Supreme Court issues directions for digital KYC of persons with disabilities, especially facial / eye disfigurements due to acid attacks and visual impairments.  In a recent judgment, Hon’ble Supreme Court issued directions to make the process of digital KYC accessible to persons with disabilities, especially facial / eye …

Supreme Court upheld constitutional validity to section 34, 47 and 58 of the Consumer Protection Act, 2019  In a recent judgment, Hon’ble Supreme Court upheld constitutional challenge to section 34, 47 and 58 of the Consumer Protection Act, 2019 and declared that empowering the district, state and national …

Income Tax Return filed after death of the deceased can not be ignored for arriving at amount of compensation under Motor Vehicles Act  In a recent judgment, the Hon’ble Supreme Court has held that Income Tax Return of the financial year in which accident took place but filed …

There is a need to impose time limit on oral submissions in Arbitration cases – SC In a recent judgment, the Hon’ble Supreme Court had observed that there is a need to impose time limit on oral submissions in Arbitration cases so that Higher Courts be in a …

Buyer can not enforce agreement to sell when he accepted & encashed demand drafts of refund of earnest money given to seller. In a recent judgment, the Hon’ble Supreme Court had held that Agreement to Sell cannot be specifically enforced as the buyer encashed the demand drafts issued …

Resulting company is entitled to claim depreciation on goodwill expended at the time of amalgamation of companies.  In a recent judgment, the Hon’ble Supreme Court has dismissed the Special Leave Petition filed by the PCIT approving the judgment of the High Court that the assessee company is entitled …

Merely because section 21 arbitration notice was not issued to certain persons who are parties to the arbitration agreement does not denude arbitral tribunal to implead them as parties to the arbitral proceedings In a recent judgment, the Hon’ble Supreme Court has held that section 21 notice invoking …