News - Raw Law

Supreme Court Restores Specific Performance with Enhanced Consideration: Balancing Equity and Law in Property Agreements While Addressing Buyer’s Legal Rights and Seller’s Familial Hardship Under the Specific Relief Act, 1963

Court’s Decision: The Supreme Court set aside the High Court's judgment, which denied specific performance of the contract, and restored the Trial Court's decree with modifications. It directed the appellant…

Rawlaw December 27, 2024

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Delhi High Court Upholds ₹77.96 Crore Arbitral Award in Telecom Dispute: “Exit Penalties and Contractual Obligations Cannot Be Escaped Due to Regulatory Challenges,” Reiterates Limited Scope of Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996

Court’s Decision The Delhi High Court dismissed the challenge against the arbitral award dated 25.05.2019, which directed the petitioner to pay ₹77.96 crore (₹19.85 crore for unpaid invoices and ₹58.11…

Rawlaw December 27, 2024

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Supreme Court Clarifies Liability Under Section 138 of the NI Act: “Director Cannot Be Held Liable Without the Company Being Made an Accused”

Court's Decision: The Supreme Court set aside the High Court's judgment, which had acquitted the accused, and remanded the matter for further examination. The Court highlighted that under Section 138…

Rawlaw December 27, 2024

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Delhi High Court Dismisses Injunction Claim in Alleged Client Poaching Case: Holds Non-Compete Clauses Unenforceable Post-Employment and Mere Knowledge of Client Details Does Not Constitute Trade Secrets

Court's Decision The Delhi High Court denied the plaintiff's application for an ad-interim injunction. The plaintiff alleged that its former employees and their newly incorporated companies engaged in unfair practices…

Rawlaw December 27, 2024

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Supreme Court Rejects Decades-Old Property Claim Challenging 1938 and 1952 Transactions: Asserts Clever Pleadings Cannot Overcome Limitation Act or Revive Stale Allegations of Fraud

Court’s Decision: The Supreme Court dismissed the appeal brought by the plaintiff, who sought to challenge property transactions that occurred decades ago (1938 and 1952). The Court found that the…

Rawlaw December 27, 2024

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Delhi High Court Affirms Maintainability of Subsequent Purchasers’ Appeals Under SARFAESI Act, Sets Aside DRAT Order and Remands Case for Reconsideration on Merits with Pre-Deposit Directive

Court’s Decision: The Delhi High Court ruled that the Debts Recovery Appellate Tribunal (DRAT) erred in dismissing the appeal of subsequent purchasers on the grounds of maintainability. The Court held…

Rawlaw December 27, 2024

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Supreme Court Upholds Allahabad High Court Ruling: “Allowing Perpetual Toll Collection Until Cost Recovery Violates Fairness and Public Interest Principles”

Court's Decision: The Supreme Court upheld the Allahabad High Court's ruling that toll collection on the Delhi-Noida Flyway by the NOIDA Toll Bridge Company Limited (NTBCL) was illegal. It declared…

Rawlaw December 27, 2024

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Delhi High Court Upholds Validity of Land Acquisition for Okhla Vihar Metro Station: Procedural Lapses in Notices Under Sections 9 and 10 Do Not Invalidate Award Issued Before the 2013 Act’s Enforcement

1. Court’s Decision The Delhi High Court dismissed petitions challenging an award issued under the Land Acquisition Act, 1894, affirming the acquisition of 2971.533 square meters of land in Bahapur,…

Rawlaw December 27, 2024

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Supreme Court Overturns High Court’s Bail Order in NDPS Case: Holds Procedural Irregularities in Section 52A Compliance Do Not Justify Bail Without Demonstrating Prejudice, Mandates Strict Adherence to Section 37 Safeguards

Court’s Decision The Supreme Court overturned the High Court’s decision that granted bail to an accused in a narcotics case, citing delayed compliance with Section 52A of the NDPS Act.…

Rawlaw December 27, 2024

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Delhi High Court Dismisses GNCTD’s Writ Petitions: Upholds CAT’s Decision Invalidating Disciplinary Actions for Lack of Competence of Deputy Director of Education under Rule 14 of CCS(CCA) Rules

Court’s Decision The Delhi High Court dismissed two writ petitions filed by the Government of NCT of Delhi (GNCTD). These petitions challenged a Central Administrative Tribunal (CAT) decision that found…

Rawlaw December 27, 2024