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Case Snippets | Karavadi & Associates | Page 2

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Supreme Court: Partner’s Contributed Property Becomes Firm’s Asset, Legal Heirs Cannot Claim Ownership

In Sachin Jaiswal vs. Hotel Alka Raje, SLP(C) No. 18717/2022, the Supreme Court reaffirmed that under Section 14 of the Partnership Act, 1932, any asset contributed by a partner to a firm becomes the property of the firm,… Read more »

When To File a Second FIR – Supreme Court Reiterates

The Supreme Court's ruling in State of Rajasthan v. Surendra Singh Rathore (2025 INSC 248) provides much-needed clarity on the circumstances under which a second FIR can be maintained. By holding that a second FIR is justified in… Read more »

Dowry Demand Not Pre-requisite To Cruelty U/S 498A IPC : Supreme Court

This Supreme Court ruling reinforces the broad scope of Section 498A, IPC, by clarifying that a dowry demand is not a prerequisite to establish "cruelty." The judgment underscores that cruelty can take various forms, including conduct that inflicts… Read more »

Posthumous Reproduction Not Prohibited By Law – Delhi High Court

In W.P.(C) 15159/2021, the Hon’ble Delhi High Court recognized preserved reproductive genetic material as inheritable “property” under the Hindu Succession Act, 1956, permitting the release of a deceased unmarried man’s biological genetic material to his parents for surrogacy,… Read more »

Supreme Court Reiterates Narrow Scope Of Interference Under Section 37 Arbitration Act

In Somdatt Builders – NCC – NEC (JV) vs. National Highways Authority of India & Ors. (Civil Appeal No. 2058/2012), the Supreme Court upheld the arbitral tribunal's award, emphasizing minimal judicial interference under Section 34 of the Arbitration… Read more »

S.74 Contract Act | Forfeiture Of Earnest Money Permissible If It’s Not Excessive Amounting To Penalty : SC

In Godrej Projects Development Limited v. Anil Karlekar & Ors (Civil Appeal No. 3334/2023), the Supreme Court ruled that forfeiture of earnest money in property transactions is valid if reasonable and does not fall under Section 74 of… Read more »

Supreme Court: No State-Specific Domicile in India, Strikes Down Domicile-Based PG Medical Reservations

In Tanvi Behl & Shrey Goel v. The State of Uttar Pradesh & Others, the Supreme Court reaffirmed that under Article 5 of the Indian Constitution, all Indians have a single domicile—the "Domicile of India." The concept of… Read more »

No State-Specific Domicile, Strikes Down Domicile-Based PG Medical Reservations – SC

In Shobha v. Muthoot Finance, SLP(C) Nos. 2625-2627/2025, the Hon’ble Supreme Court clarified that writ petitions under Article 226 of the Constitution are not maintainable against Non-Banking Financial Companies (NBFCs). The Court held that NBFCs, being private entities,… Read more »

41-A CrPC Notice Not Valid If Served Through WhatsApp or Electronic Means

The Hon’ble Supreme Court, in Satendra Kumar Antil v. CBI (2022 INSC 690), held that notices under Section 41-A of the CrPC cannot be served via WhatsApp or other electronic means. The Court emphasized strict adherence to the… Read more »

Rights In Rem Are Not Arbitrable – Supreme Court

In Booz Allen & Hamilton Inc. v. SBI Home Finance Ltd. (2011), the Supreme Court of India ruled that disputes involving the enforcement of mortgage rights are non-arbitrable because they pertain to rights in rem—public rights affecting immovable… Read more »

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