The Supreme Court clarified the limits of judicial intervention in arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996. While reaffirming that arbitral awards must ordinarily be respected, the Court stressed that tribunals cannot rewrite contractual terms, disregard explicit clauses such as “No Waiver” and “No Oral Modification,” or base findings on mistaken facts
| Posted on: September 30, 2025 |
This decision marks an important shift in Indian tort jurisprudence by affirming the maintainability of civil claims for alienation of affection, a cause of action long recognised in theory but never squarely tested in civil proceedings. While the Court has cautiously limited its ruling to the threshold of maintainability, the recognition that personal autonomy in intimate matters does not exclude civil liability for wrongful third-party interference could pave the way for an expansion of tort remedies into the marital sphere. However, concerns remain over evidentiary burdens, the quantification of damages, and the potential for such claims to be misused as collateral litigation in matrimonial disputes. The case thus opens a new, albeit contested, frontier in the intersection of family law and tort law in India.
| Posted on: September 22, 2025 |
The spirit of Quranic injunctions favours monogamy; polygamy is only an exception permissible when the husband can ensure equal justice and maintenance to all wives. Successive marriages by a destitute blind beggar “cannot be accepted at all, even as per Muslim customary law.”
| Posted on: September 20, 2025 |
A demand notice under Section 138(b) of the NI Act is not valid if it mentions an amount different from the cheque amount. Typographical error in stating the amount cannot be excused in law.
| Posted on: September 20, 2025 |
The question of limitation is not merely a technical consideration. The rules of limitation are based on the principles of sound public policy and principles of equity. We should not keep the ‘Sword of Damocles’ hanging over the head of the respondent for indefinite period of time to be determined at the whims and fancies of the appellants.
| Posted on: September 14, 2025 |
This is the first judgment in India to explicitly hold that “liking” a social media post can amount to republication for the purposes of defamation law. It underscores the legal risks of online engagement and the responsibilities of public figures in amplifying content
| Posted on: September 11, 2025 |
Case Note: Ramesh Chand (D) through LRs v. Suresh Chand & Anr. Citation: 2025 INSC 1059 (Supreme Court of India)Bench: Justice Aravind Kumar, Justice Sandeep…
| Posted on: September 7, 2025 |
The transactions never fructified, hence there was no transfer of property under Section 5 of the Transfer of Property Act, 1882. The absence of a cancellation deed could not defeat the petitioner’s statutory right to refund, especially since vendors were unwilling to cooperate.
| Posted on: September 7, 2025 |
The Delhi High Court in Smt. Rama Oberoi v. State (NCT of Delhi) reaffirmed important principles governing cheque dishonour litigation under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”). The Court clarified (i) the permissibility of pursuing concurrent civil and criminal remedies, (ii) computation of limitation under Section 138, and (iii) the limits of High Court’s jurisdiction to quash proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”)
| Posted on: September 4, 2025 |
Ownership of immovable property can only be transferred through a registered sale deed. GPA/Agreement to Sell transactions are not conveyances. Strict compliance with legal requirements for proof of Wills.
| Posted on: September 3, 2025 |