Section 34 of the SARFAESI Act does not bar the jurisdiction of civil court in a suit for damages or compensation Mrs. Leelamma Mathew vs. M/s Indian Overseas Bank & Ors. [Civil Appeal No. 7128 of 2022] RELEVANT PARAGRAPH 5.2 Now so far as the submission on behalf of the plaintiff and the finding recorded by the High Court that the suit was barred by […]
Nandini Sharma & Anr. vs. Registrar Supreme Court of India & Ors [Writ Petition (Civil) No.1087 of 2022] Court is not sitting as an Appellate Forum seeking to pronounce on the wisdom of the legislation RELEVANT PARAGRAPH 10. The contention of the petitioner appears to be that the Rules are unreasonable. When the Court is
Principals on fixation of fee of the arbitral tribunal – SC Oil and Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV [Arbitration Petition (Civil) No. 05 of 2022] RELEVANT PARAGRAPH 35. It will now be appropriate to summarize the legal position as under: (a) The arbitral tribunal is bound by the fee or remuneration fixed
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An informant has no right in law to withdraw the complaint of a non-compoundable offence of a grave nature which impacts society Daxaben vs. The State of Gujarat & Ors. [SLP (Crl.) No.1132-1155 of 2022] RELEVANT PARAGRAPH 37. Offence under Section 306 of the IPC of abetment to commit suicide is a grave, non-compoundable offence.
Relief not found on pleadings should not be granted Mrs. Akella Lalitha vs. Sri Konda Hanumantha Rao & Anr. [Civil Appeal Nos. 6325-6326 of 2015] RELEVANT PARAGRAPH 15. ……..It is settled law that relief not found on pleadings should not be granted. If a Court considers or grants a relief for which no prayer or
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Mother has the right to decide the surname of the child after demise of first husband and re-marriage Mrs. Akella Lalitha vs. Sri Konda Hanumantha Rao & Anr. [Civil Appeal Nos. 6325-6326 of 2015] RELEVANT PARAGRAPH 10. After the demise of her first husband, being the only natural guardian of the child we fail to
What is the desire of the child is different and distinct from the question what would be in the best interest of the child Rohith Thammana Gowda vs. State of Karnataka & Ors. [Civil Appeal Nos. 4987 of 2022] RELEVANT PARAGRAPH 8. At the outset we may state that in a matter involving the question of custody of a child
Notification under section 4(1) is the starting point of acquisition proceedings under the L.A. Act Haryana State Industrial and Infrastructure Development Corporation Ltd. & Ors. vs. Mr. Deepak Aggarwal & Ors. [SLP (C) Nos. 16631-16632/2018] RELEVANT PARAGRAPH 19. A careful scanning of all the decisions cited by both sides would thus reveal that all those
Conclusion reached in the PMLA judgement while upholding the constitutional validity of multiple provisions of the PMLA, 2002 Vijay Madanlal Choudhary & Ors. vs. Union of India & Ors. [Special Leave Petition (Criminal) No. 4634 of 2014] RELEVANT PARAGRAPH 187. In light of the above analysis, we now proceed to summarise our conclusion on seminal
Chief Metropolitan Magistrate includes Additional Chief Metropolitan Magistrate for the purposes of Section 14 of the SARFAESI Act M/s R.D. Jain and Co. vs. Capital First Ltd. & Ors. [Civil Appeal No. 175 of 2022] RELEVANT PARAGRAPH 10.2 In view of the above discussion and as observed hereinabove when the powers to be exercised by
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