Maneck Mulla

Courts Have Limited Power Under Sections 34 And 37 Of The Arbitration And Conciliation Act, 1996 To Modify Arbitral Awards

Dispute Raised By An Insurer Over Full And Final Settlement Is Arbitrable Despite Parties Discharging Contract

No Prior Consent Of A Flat Taker Is Required By A Promoter For Additional Construction Once The Entire Project Is Disclosed

Alternative Relief Of Refund Of Earnest Money Under Section 22 Of The Specific Relief Act, 1963 Cannot Be Granted Suo Moto By The Courts

A Contract Between Flat Purchasers & Promotor Cannot Override Or Derogate From Statutory Mandates

A Sale Voidable At The Instance Of A Person Interested Can Only Be Set Aside By Way Of A Suit

A Sale Deed Is Not A Document Issued By A Revenue Authority Or Any Government Authority Which Would Certify The Agricultural Nature Of The Land

Sale Certificate Issued By An Authorised Officer Pursuant To Confirmation Of An Auction Sale Is Not Compulsorily Registrable

An Auction Sale By A Bank Can Be Cancelled Only If An Auction Purchaser Defaults In Payment Of Balance Consideration

Services Rendered By An Advocate Do Not Come Within The Scope And Ambit Of Commercial Disputes As Defined Under The Commercial Courts Act, 2015

The National Company Law Tribunal Has Jurisdiction To Direct The Enforcement Directorate To Release Attached Properties Of The Corporate Debtor

In A Suit For Specific Performance A Power Of Attorney Holder Of The Plaintiff Cannot Give Evidence On The Readiness And Willingness Of The Plaintiff To Perform The Contract

A Stay Order Granted In Any Proceedings Would Not Automatically Stand Vacated On The Expiry Of A Particular Period Until And Unless An Application To That Effect Was Filed By The Other Side And Was Decided Following The Principles Of Natural Justice By A Speaking Order

A Tenant Cannot Obliterate The Right Of An Owner Of A Property To Undertake Redevelopment

A Nomination Made In Favour Of A Person Does Not Lead To A Nominee Attaining Title Over A Property For Which Such Nomination Was Made And Accordingly The Term 'Vesting' Under Section 109A Of The Companies Act, 1956, Does Not Create A Third Mode Of Succession

Issuing Cheque Subsequent To Closing Of The Bank Account Would Amount To The Offence Of Cheating Under Indian Penal Code,1860

Exemption Under Section 3(1)(B) Of The Maharashtra Rent Control Act, 1999, Shall Apply To Private And Limited Companies Which Have A Paid-Up Share Capital Amount Exceeding One Crore Rupees Even If The Premises Are Given To Such Companies On License Basis

An Arbitrator Cannot Overlook The Doctrine Of Mitigation Of Loss When Considering A Claim Of Compensation Even When Such Defense Was Not Taken

Where A Deed Of Sale Has Been Duly Executed, Registered And The Payment Of Consideration Has Been Endorsed On It, It Would Amount To A Full Transfer Of Ownership

Rental Compensation Received From A Builder For Redevelopment Of Flats Is A Capital Receipt And Not Liable To Tax