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HIGH COURTS ARE NOT APPELLATE FORUMS OVER THEMSELVES: SUPREME COURT ON LIMITS OF REVIEW IN

INTRODUCTION The Hon’ble Supreme Court of India delivered a significant judgment on 28.11.2025, in the matter of “Hindustan Construction Company Ltd. vs Bihar Rajya Pul Nirman Nigam Limited” addressing critical questions concerning the review jurisdiction of High Courts under the Arbitration and Conciliation Act, 1996 and the enforceability of arbitration […]
February 2, 2026

SUPREME COURT: IF TITLE IS UNDER A CLOUD, MANDATORY INJUNCTION FAILS — FILE SUIT FOR POSSESSION

A. INTRODUCTION The Hon’ble Supreme Court of India in the case of Sanjay Paliwal & Anr. v. Bharat Heavy Electricals Ltd.¹, reaffirmed the principles governing the maintainability of suits for mandatory injunction under the Specific Relief Act, 1963 (“SRA”). The Hon’ble Supreme Court upheld the Uttarakhand High Court’s decision, and […]
February 2, 2026

Case Analysis: Urban Infrastructure Real Estate Fund v. Neeklanth Realty Private Limited & Ors.

Facts: Issues: Contentions: On Behalf of Petitioner – On Behalf of Respondents – Findings: Issue No. 1: Whether the preliminary issue on the question of limitation, decided on the basis of demurrer, could have been permanently foreclosed by the arbitrator? Position in the US: Issue No. 2: Whether the doctrine […]
November 26, 2025

A CLEAR ROADMAP TO STAY OF EXECUTION UNDER ORDER XLI OF CPC: INSIGHTS FROM THE SUPREME COURT

In a significant judgment that settles the law on grant of stay of execution of money decrees, the Hon’ble Supreme Court of India dismissed the Special Leave Petition in the matter of “Lifestyle Equities C.V. & Anr. vs Amazon Technologies Inc.1,” upholding the Hon’ble Delhi High Court’s decision to grant […]
November 26, 2025

MERE USE OF WORD ‘ARBITRATION IS NOT ENOUGH: SUPREME COURT CLARIFIES WHAT CONSTITUTES AN

In the recent decision of Alchemist Hospitals Ltd. v. ICT Health Technology Services India Pvt. Ltd.1 , the Hon’ble Supreme Court of India addressed the issue whether a particular clause in a commercial contract, “Clause 8.28”, could be treated as a valid arbitration agreement under Section 7 of the Arbitration […]
November 26, 2025
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