Supreme Court of India
Suresh Shah v. Hipad Technology India Private Limited
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the considered view that insofar as eviction or tenancy relati ng to matters governed by special statutes where the tenant enjoys statutory protection against eviction whereunder the Court/Forum is specified and conferred jurisdiction under the statute alone can adjudicate such matters.
Judgment, page 13
From the headnote
Arbitration: Arbitrability of the dispute relating to lease/ tenancy agreements/deeds when such lease is governe d by the Transfer of Property Act, 1882 – Held: When the dis putes arise between the landlord and tenant with regard to dete rmination of lease under the TP Act, the landlord for seeking posse ssion of the leased property in a normal circumstance is required to institute a suit in the court which has jurisdiction – However, if the par ties in the contract of lease have agreed upon the alternate mode of d ispute resolution through arbitration, the landlord would be entitled to
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