⚖️ Shri Ganpati Jurists | Legal Insight Series ⚖️ Supreme Court Clarifies: False Promise of Marriage ≠ Every Broken Promise In Shaileshbhai Govindbhai Makwana v. State of Maharashtra, the Supreme Court drew an important distinction between a false promise to marry and a mere breach of promise. 🔹 If from the very beginning there was no intention to marry, and the promise was used only to obtain consent for a physical relationship → it may amount to an offence. 🔹 However, if the promise was made genuinely and later could not be fulfilled due to unforeseen circumstances → every breach of promise cannot automatically become a criminal offence. 🔹 The Court further held that a prolonged consensual relationship, where both parties were aware of each other's marital status, cannot be presumed to be based solely on a false promise of marriage. 📌 Key Principle: For criminal liability, the promise of marriage must have a direct nexus with the consent for the physical relationship and not be influenced by other factors. 💬 “It would be a folly to treat each breach of promise to marry as a false promise and prosecute under Section 376 IPC.” — Supreme Court #SupremeCourt #IndianLaw #CriminalLaw #Section376 #LegalUpdate #Lawyers #Judiciary #LegalAwareness #ShriGanpatiJurists#ChandigarhLawyers #ChandigarhAdvocates #ChandigarhLegal #BathindaLawyers #BathindaAdvocates

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

⚖️  Shri Ganpati Jurists | Legal Insight Series ⚖️ Supreme Court Clarifies: False Promise of M…

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⚖️  Shri Ganpati Jurists | Legal Insight Series ⚖️ Important ruling by the Supreme Court in   …

Bathinda Lawyers

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

⚖️ Supreme Court Clarifies Law on Specific Performance Decrees In Habban Shah v. Sheruddin, th…

⚖️ Supreme Court on Summary Judgment in Commercial Suits In Reliance Eminent Trading and Commercial Pvt. Ltd. v. Delhi Development Authority, the Hon’ble Supreme Court has clarified the scope and application of Order XIII-A CPC for summary judgment. 🚨 Key Takeaways: ✔️ Procedural compliance under Order XIII-A is mandatory ✔️ Summary judgment applies where: • Plaintiff has no real prospect of success, OR • Defendant has no real prospect of defence ✔️ Courts must ensure: • No unnecessary trial is conducted • No “mini trial” takes place • Only real issues (not fanciful defences) are considered ✔️ Courts can decide short questions of law without full trial ✔️ Evidence assessment includes: • Existing material • Evidence likely to be produced at trial ⚠️ Important: Summary judgment is an exceptional power — to be used only when full trial is not required. 📌 If justice demands: • Weighing evidence • Testing credibility • Drawing detailed inferences 👉 Then the matter must proceed to trial. 💡 Insight: This judgment reinforces efficiency in commercial litigation while safeguarding fairness. #SupremeCourt #CommercialLitigation #CivilProcedure #SummaryJudgment #Order13A#ShriGanpatiJuristAdvocacy#LawyersOfIndia #PunjabLaw #ChandigarhLawyers #ChandigarhAdvocates #ChandigarhLegal #BathindaLawyers #BathindaAdvocates

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⚖️ Supreme Court on Summary Judgment in Commercial Suits In Reliance Eminent Trading and Comme…

⚖️ Shri Ganpati Jurists | Legal Insight Series ⚖️ Landmark Clarification on Limitation under IBC Shankar Khandelwal v. Omkara Asset Reconstruction Pvt. Ltd. (SC) 📌 The Supreme Court has drawn a clear line on limitation in insolvency proceedings: 🔹 Section 7 IBC Applications are governed by Article 137 of the Limitation Act — limitation starts from the date of default. 🔹 Mere admission of claim by IRP ❌ is NOT an acknowledgment of liability under Section 18, Limitation Act. 🔹 IRP’s role is administrative, not determinative — admission of claim ≠ extension of limitation. 🔹 ⛔ Time-barred claims cannot be revived by such admissions. 🔹 ✅ Acknowledgment must be within limitation period to extend it. 🔹 🛑 However, Section 60(6) IBC allows exclusion of limitation during moratorium. 📖 Key Takeaway: Creditors must act within limitation — procedural admissions won’t save stale claims. #IBC #SupremeCourt #InsolvencyLaw #LimitationAct #LegalUpdate #Advocacy#ShriGanpatiJuristAdvocacy#LawyersOfIndia #PunjabLaw #ChandigarhLawyers #ChandigarhAdvocates #ChandigarhLegal #BathindaLawyers #BathindaAdvocates

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

Bathinda Lawyers ⚖️  Shri Ganpati Jurists | Legal Insight Series ⚖️  Landmark Clarification on …

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🚨  LANDMARK BAIL RULING BY SUPREME COURT  ⚖️ NARAYAN v. STATE OF MADHYA PRADESH A significant…

⚖️ Shri Ganpati Jurists | Legal Insight Series ❓ Can a Legal Representative Challenge an Arbitral Award? If yes, HOW? 📌 Case: V.K. John vs. S. Mukanchand Bothra (HUF) & Ors. 🔍 Q1: If a party dies, do arbitration proceedings stop? 👉 No. The Arbitration and Conciliation Act, 1996 does NOT end proceedings upon death. Legal representatives step into the shoes of the deceased. 🔍 Q2: Can Legal Representatives challenge an arbitral award? 👉 Yes. They are treated as a “party” under the Act if they claim through the deceased. 🔍 Q3: What is the CORRECT legal remedy? 👉 File an application under Section 34 of the Arbitration Act. 🔍 Q4: Can they file under Article 227 or Section 115 CPC? ❌ No. Not maintainable. The Supreme Court of India clarified that: ➡️ Arbitration Act is a complete code in itself ➡️ Alternative remedies like Article 227 or Section 115 CPC are NOT appropriate 🔍 Q5: Does the arbitral award bind legal representatives? 👉 Yes. Under Section 35, it binds: ✔️ Parties ✔️ AND persons claiming under them (including LRs) 💡 Key Takeaway: ⚖️ Legal Representatives must challenge arbitral awards strictly under Section 34 — not through supervisory or revisional jurisdiction. 📣 Follow Shri Ganpati Jurists For sharp, practical legal insights that matter! #ArbitrationLaw #SupremeCourt #LegalAwareness #Jurists #Section34 #CPC #Litigation#ShriGanpatiJuristAdvocacy#LawyersOfIndia #PunjabLaw #ChandigarhLawyers #ChandigarhAdvocates #ChandigarhLegal #BathindaLawyers #BathindaAdvocates

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

⚖️  Shri Ganpati Jurists | Legal Insight Series ❓  Can a Legal Representative Challenge an Arb…

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