LawforAll

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Friday, January 23, 2026

Arbitration and Conciliation Act, 1996 — Section 9 — Interim measures — Scope While exercising jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996, the Court must confine itself to interim protection and cannot grant relief in the nature of a final adjudication. Paras 26, 42 Interim mandatory injunction — Grant — Principles An interim mandatory injunction is not a remedy to be granted lightly. It can be granted only when: (i) circumstances are clear; (ii) prima facie material establishes alteration of status quo; and (iii) interests of justice demand restoration of status quo ante. Paras 30–31, 47

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Arbitration and Conciliation Act, 1996 — Section 9 — Interim measures — Scope While exercising jurisdiction under Section 9 of the Arbitrati...

A concluded partition effected by registered documents cannot be reopened unless fraud or undue influence is strictly pleaded and proved. Mere inequality of shares or subsequent dissatisfaction does not invalidate partition. Fraud must be pleaded with particulars under Order VI Rule 4 CPC and proved by cogent evidence; vague allegations are insufficient. Partition involving minors is binding unless actual prejudice is established. Registered partition and settlement deeds, when acted upon and supported by revenue records, carry strong evidentiary presumption. First appellate court will not interfere with findings of fact unless perversity or legal infirmity is demonstrated.

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Hindu Law — Partition — Finality of partition — Re-opening — Principles A partition effected between members of a Hindu Undivided Family by ...

Peaceful possession of immovable property is protected by law irrespective of title. Even the true owner or State authorities cannot dispossess a person without due process of law. Revenue authorities have no power to interfere with possession without statutory backing. Natural justice — notice and opportunity — is mandatory before dispossession. Article 300-A read with Article 21 prohibits arbitrary deprivation of property.

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Constitution of India — Articles 14, 19, 21 & 300-A — Right to property — Due process No person can be dispossessed from immovable prop...

Registration Act, 1908 — Encumbrance Certificate — Civil Court decree — Effect — Duty of registering authority Where a competent Civil Court has passed a decree declaring title and holding a cancellation deed to be null and void, the Sub-Registrar and District Registrar are bound to give effect to such decree by making appropriate entries in the register and Encumbrance Certificate. The registering authority cannot refuse implementation on the ground that it was not impleaded as a party to the suit.

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Registration Act, 1908 — Encumbrance Certificate — Civil Court decree — Effect — Duty of registering authority Where a competent Civil Court...

Specific Relief Act, 1963 — Sections 16(c), 20 — Agreement of Sale — Cancellation of Agreement — Necessity of Declaratory Relief — Maintainability of Suit Civil Procedure Code — Order VII Rule 7 — Relief — Suit for Specific Performance simpliciter — Not maintainable after termination of contract without prayer for declaration

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Specific Relief Act, 1963 — Sections 16(c), 20 — Agreement of Sale — Cancellation of Agreement — Necessity of Declaratory Relief — Maintaina...