Arbitration can be invoked even after full and final settlement arrived by the Parties: Supreme Court reaffirmed the position of minimal interference warranted in S.11 petitions/2024. Lex Summary
· 21 min read

Arbitration can be invoked even after full and final settlement arrived by the Parties: Supreme Court reaffirmed the position of minimal interference warranted in S.11 petitions/2024.

The Supreme Court in SBI General Insurance Co. Ltd. vs. Krish Spinning (2024) held that arbitration can be invoked even after a full and final settlement if allegations like coercion or economic duress are present. The Court reaffirmed minimal judicial intervention in Section 11 petitions under the Arbitration Act, limiting courts to verifying the existence of an arbitration agreement without delving into merits, in line with the Competence-Competence principle.

Indigent Persons’ Right to Appeal Without Court Fees under Section 173 of the Motor Vehicle Act Upheld: Supreme Court Reinforces Fundamental Principle in 2024 Motor Vehicle Act Case. Lex Summary
· 9 min read

Indigent Persons’ Right to Appeal Without Court Fees under Section 173 of the Motor Vehicle Act Upheld: Supreme Court Reinforces Fundamental Principle in 2024 Motor Vehicle Act Case.

The Supreme Court’s judgment in Alifiya Husenbhai Keshariya v. Siddiq Ismail Sindhi upholds the fundamental right of indigent litigants to file an appeal without payment of court fees under Section 173 of the Motor Vehicle Act. Analyzing Orders XXXIII and XLIV of the CPC, the Court reiterates that lack of funds should not impede legal remedies. It discusses the concept of an ‘indigent person’ and the duty of courts to conduct proper inquiries before denying the ability to file appeals/suits without initial court fees, ensuring the poor are not priced out of the justice system.

Supreme Court’s Verdict in Rajesh Kumar vs. Anand Kumar: Timely action by the parties to initiate suit is essential even if it is filed within the period of limitation. Lex Summary
· 11 min read

Supreme Court’s Verdict in Rajesh Kumar vs. Anand Kumar: Timely action by the parties to initiate suit is essential even if it is filed within the period of limitation.

Explore the Supreme Court’s detailed analysis in Rajesh Kumar vs. Anand Kumar & Ors., focusing on contract validity, personal testimony, and specific performance in land sale disputes. Learn about key precedents cited and their implications in specific performance suits and the importance of adhering to limitation periods.

Supreme Court’s Landmark Judgment in Tarsem Lal vs Directorate of Enforcement: ED Has No Power to Arrest for Complaints Registered Under Section 44(1)(b) of PMLA, 2002 Lex Summary
· 15 min read

Supreme Court’s Landmark Judgment in Tarsem Lal vs Directorate of Enforcement: ED Has No Power to Arrest for Complaints Registered Under Section 44(1)(b) of PMLA, 2002

Discover The Supreme Court’s landmark judgment in Tarsem Lal vs Directorate of Enforcement demystifies arrest powers under PMLA when the Special Court seizes cognizance on the complaint preferred under Section 44(1)(b) of PMLA. Get insights on the court’s findings, interplay of PMLA and CrPC, applicability of anticipatory bail, and implications for accused and agencies

Supreme Court’s Landmark Ruling on Section 102(3) Cr.P.C: What You Need to Know About Seizure Reporting Delays. Lex Summary
· 8 min read

Supreme Court’s Landmark Ruling on Section 102(3) Cr.P.C: What You Need to Know About Seizure Reporting Delays.

Discover the Supreme Court’s landmark ruling on Section 102(3) Cr.P.C. and its impact on seizure reporting delays. Learn about the balance between procedural compliance and police powers, the implications for law enforcement, and the protection of citizens’ rights. Get insights into the court’s authoritative pronouncement and its significance for legal professionals.