ORDERS AND JUDGMENTS

The Apex consumer commission has held that a builder cannot forfeit any amount deposited by homebuyer in case he/she seeks cancellation of allotment of flat due to delay in project and directed Supertech to refund entire amount of over ₹ 1 crore to a buyer for delay of two year in delivering the house

ORDERS AND JUDGMENTS

The Supreme Court (SC) has reiterated that the principle of Res Judicata is applicable to Writ Petitions as well. In P. Bandopadhya v. Union of India, a judgment of Bombay High Court was challenged before the SC. The present writ Petition was filed by former employees in the Overseas Communications Service, a Department of the Government of India. The High Court dismissed their plea holding that they were not eligible to avail pensionary benefits under the Government of India, since they had served for less than 10 years on the date of their

ORDERS AND JUDGMENTS

The Supreme Court (SC) has referred to larger bench the correctness of its judgment in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, in which it was held that where the Transfer of Property Act, 1882 applied between landlord and tenant, disputes between the said parties would not be arbitrable. The bench was considering the appeal against Calcutta High Court (HC) order appointing an Arbitrator

Orders and Judgments

The Delhi High Court (HC) has held that the venue of Arbitration cannot change the intention of the parties to vest the courts in a specific region with exclusive jurisdiction over disputes arising out of the Arbitration or its award. The judgment was passed by a Single Judge Bench while deciding a preliminary objection with respect to the jurisdiction of the Delhi High Court

Orders and Judgments

The Petitioner, in the present case, has prayed for reference to Arbitration of disputes arising out of 12 purchase orders. The said purchase orders were issued prior to the filing of the suit and have remained unpaid. After amendment of the Arbitration and Conciliation Act, 1996 made with effect from 24th October, 2015, sub-section 6(A) has been incorporated into

Orders and Judgments

The Supreme Court has reiterated that a writ petition under Article 226 of the Constitution of India seeking writ of certiorari against judicial orders passed by civil courts is not maintainable.
Writ petition under Article 227 challenging the orders passed by Civil Courts refusing to grant interim injunction under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, will be maintainable