Civil Procedure - The Legal Chamber

Clarifying Jurisdiction: Supreme Court Reaffirms Exclusive Power of MP Arbitration Tribunal for Public Works

28Aug

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Supreme Court

Clarifying Jurisdiction: Supreme Court Reaffirms Exclusive Power of MP Arbitration Tribunal for Public Works

The Supreme Court upheld the exclusive jurisdiction of the Madhya Pradesh Arbitration Tribunal over disputes arising from state works contracts, as per the MP Madhyastham Adhikaran Adhiniyam, 1983. It ruled that a private arbitration clause in a concession agreement cannot override this statutory mandate, rendering such arbitration non-est in law. Facts Of The Case: The dispute arose from a Concession Agreement dated 05.01.2012 between Umri Pooph Pratappur Tollways Pvt. Ltd. (Appellant) and the Madhya Pradesh Road Development Corporation (Respondent) for the development of a state highway on a BOT (Toll + Annuity) basis. Following alleged breaches and delays attributed to the Respondent, the Appellant first initiated proceedings in 2018 before the Madhya Pradesh Arbitration Tribunal, a s...

Land Sale Void If Society’s Charge Not Cleared: Supreme Court Explains Legal Consequence

The Supreme Court dismissed an appeal, affirming that a plaintiff cannot benefit from their own wrong. The Court held that an alienation of charged property, even if voidable, can only be challenged by the aggrieved society, not the member-loanee who committed the breach. Subsequent release of the charge validated the sale, and the reconveyance deed was deemed invalid due to lack of stamp paper, registration, and crucial terms. Facts Of The Case: The case originated from Special Civil Suit No. 49/1973, filed by the original plaintiff, Machhindranath, seeking possession and reconveyance of ancestral agricultural land, Survey No. 30, admeasuring 15 Acres and 17 Guntha, located in Village Kendal Bk., Taluka Rahuri, Ahmednagar, Maharashtra. The plaintiff had obtained a loan from Kendal Bk....

Supreme Court : No More Delays! High Court Must Decide Property Dispute in 6 Months

The Supreme Court allowed the appeal, setting aside the High Court's second remand order for de-novo disposal, finding it erroneous given the possibility of deciding the appeal based on the interpretation of existing documents (sale deed, conveyance deed, and settlement deed). The Court directed the High Court to decide the appeal on its merits expeditiously within six months. Facts Of The Case: This appeal challenges a judgment from the High Court of Kerala, which set aside a trial court's dismissal of a suit and remanded the matter for de-novo disposal. The dispute concerns 9 cents of land in Poomthura Village, Ernakulam. The appellant's father executed a sale deed in 1955 for "Verumpattom Rights" over land in Survey No. 1236. Later, in 1964, he executed a conveyance deed for "Jenmam ...