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  • Article

    Mutation Entries On Revenue Records Do Not Confer Title- Supreme Court

    In practice, more often than not, in a dispute over title of a land/property, it is seen that the parties assert their title by placing reliance upon their name being reflected in the revenue records.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Right of A Hindu To Inherit Property After Conversion

    The High Court discussed the provisions of Sections 2 and 26 of the Succession Act and stated that the two provisions have to be read together and not in isolation.
    IndiaFamily and Matrimonial
    M Mulla Associates
    M Mulla Associates
  • Article

    Insurer Cannot Rely On The Terms Of Exclusion Of A Policy To Repudiate Claim, If The Same Are Not Communicated To The Insured.

    The Appellant has a showroom to its name in which watches are sold. In 2001, post operational hours, a theft occurred in the premises.
    IndiaInsurance
    M Mulla Associates
    M Mulla Associates
  • Article

    Supreme Court Reiterates The Importance Of Right To Property As A Valuable Constitutional Right

    On 24th November, 2020 the Hon'ble Supreme Court of India in its decision passed by the Bench of Justice Indira Banerjee and Justice Ravindra Bhat in B.K. Ravichandra & Ors. v. Union of India...
    IndiaGovernment, Public Sector
    M Mulla Associates
    M Mulla Associates
  • Article

    An Award Passed By An Arbitral Tribunal For The Determination Of Price Of Land Is Not Executable Like A Decree For Specific Performance Of A Sale Agreement

    Appellant No.1, a partnership firm owned 249.60 bighas (approx. 100 acres) of land. The said land was acquired by the Respondent – Company vide notification dated 13th March, 1973.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Receipt Of Cash Compensation By An Assessee On The Redevelopment Of A Housing Society Is Not Taxable – Income Tax Appellate Tribunal, Mumbai

    In the matter of Jitendra Kumar Soneja vs. ITO, the Income Tax Appellate Tribunal, Mumbai, dealt with the issue of the tax treatment of any cash compensation received by an assessee towards any hardship caused to the assessee ...
    IndiaTax
    M Mulla Associates
    M Mulla Associates
  • Article

    Section 138 The Negotiable Instruments Act, 1881- Bombay High Court Reiterates Position As Set Out By The Supreme Court Regarding Prosecution Of Directors

    Thereafter, the Appellant preferred a Review Application which also came to be dismissed by the High Court. Hence, the Appellant moved the Supreme Court by way of a Special Leave Petition.
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    Instrument Containing An Arbitration Clause Cannot Be Relied Upon Unless It Is Duly Stamped

    The Appellant No. 1, a registered Charitable Trust, intended to develop the land owned by it.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    120 Days Deadline To File Written Statement Mandatory In Commercial Suits

    The Hon'ble Supreme Court of India, vide its landmark judgment in the case of M/s SCG Contracts India Pvt. Ltd. V/s. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors. (Civil Appeal No. 1638 of 2019 arising out of S.L.P (C) No. 103/2019) ...
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    Validity Of Electronic Contracts In India

    Under the provisions of the Information Technology Act, 2000 particularly Section 10-A, an electronic contract is valid and enforceable.
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    Scope Of Moratorium Prohibiting The Initiation And Continuation Of All Legal Proceedings Under Section 14, Of The Insolvency & Bankruptcy Code, 2016 – An Analysis.

    The prohibition contained in section 14 of the Insolvency and Bankruptcy Code 2016, ("the Act") against the initiation and continuation of legal proceedings...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    M Mulla Associates
    M Mulla Associates
  • Article

    Supreme Court On Stamp Duty QUA The Foreign Awards

    A foreign award was passed in London on 12th February 2015 ordering the Appellant to pay damages and interest thereon.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Non Banking Financial Institutions Are Outside The Purview Of The Insolvency And Bankruptcy Code, 2016

    The National Company Law Appellate Tribunal, Delhi in its decision dated 10th July, 2019 in HDFC v. RHC Holding Private Limited [Company Appeal (AT)(Insolvency)No. 26 of 2019] while upholding the order of the ...
    IndiaFinance and Banking
    M Mulla Associates
    M Mulla Associates
  • Article

    Parties To A Foreign Seated Arbitration Can Seek Interim Reliefs In India - Bombay High Court

    Recently, the Division Bench of the Bombay High Court, in Heligo Charters Vs Aircon Belbars FZE discussed the applicability of the Section 9 (Interim Reliefs) of the Arbitration & Conciliation Act, 1996 ...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Violation Of An Interim Order Passed By The Arbitrator Constitutes Contempt Of Court – Supreme Court

    The Supreme Court in Alka Chandewar v. Shamshul Ishrar Khan held, that if any party fails to comply with the orders of the Arbitral Tribunal under section 17 of the Arbitration & Conciliation Act, 1996 ...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Construction Cannot Be Allowed On An Open Space In Approved Building Layout Plans

    The Bombay High Court's common judgement dated 19th July, 2017 in two public interest litigations was impugned before the Apex Court.
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    Simultaneous Application Of SARFAESI And The Arbitration Act

    In the matter of Indiabulls Housing Finance Limited v. Deccan Chronicle Holdings Limited & Ors., 2018(2)Bom.C.R. 739, the apex court addressed the issues of whether the provisions of the SARFAESI Act 202 ...
    IndiaFinance and Banking
    M Mulla Associates
    M Mulla Associates
  • Article

    Getting Bail In Maharashtra

    Bail, in law, is used for the release of a person charged with an offence, on his providing a security that will ensure his presence before the court or any other authority whenever required.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    A Marketable Title Is Free From Reasonable Doubt, Not Free From All Claims – Bombay High Court

    In effect, a frivolous suit filed by a third party in respect of the property will not be a clog on the title.
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    An Agriculturist Is Debarred From Bequeathing Agricultural Land To A Non-Agriculturist Through A Testamentary Disposition

    The Supreme Court of India in a landmark decision in the case of Vinodchandra Sakarlal Kapadia v. State Of Gujarat And Ors. [Civil Appeal No. 2573 of 2020] held an assignment of an agricultural land by way of a "will" ...
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates

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