Mondaq All Regions - India: Litigation, Mediation & Arbitration
Nishith Desai Associates
Litigation privilege will apply to communications between clients and their attorneys if there is reasonable contemplation of criminal proceedings.
Nishith Desai Associates
Recently, in the case of State of Bihar & Ors. v Bihar Rajya Bhumi Vijas Bank Samiti the Supreme Court of India held that Section 34 (5) of the Arbitration and Conciliation Act Act, 1996 ("Arbitration Act")
Singh & Associates
The rapid growth in commerce and industry has led parties to settle their disputes by resorting to the alternate dispute resolution procedure, more particularly to arbitration, and one of the prominent reasons ...
Singh & Associates
The dictionary defines it as contradiction is the act of saying something that is opposite or very different in meaning to something else what is said earlier.
Nishith Desai Associates
The Arbitration & Conciliation ( Amendment) Bill, 2018 is due to be placed before the Rajya Sabha. If passed in its current form it will set up a regulator for arbitration in India …
Nishith Desai Associates
Legal advice given to avoid, or even settle proceedings which are reasonably contemplated, would receive the same level litigation privilege as in cases of defending or resisting litigation.
Nishith Desai Associates
The Arbitration Act does not disqualify a former employee from acting as an arbitrator, provided there are no justifiable doubts as to his independence and impartiality;
Nishith Desai Associates
An application to set aside arbitral award must be made within the strict statutory timeline. This time limit cannot be extended thereafter by using the leeway of "sufficient cause"
Nishith Desai Associates
Last year saw India jump 23 notches, ranking 77th worldwide in world bank's ease of doing business index.
Nishith Desai Associates
The latest legislative reforms dealing with arbitration in India have met with controversy.
M Mulla Associates
In practice, more often than not, in a dispute over title of a land/property, it is seen that the parties assert their title by placing reliance upon their name being reflected in the revenue records.
AMLEGALS
A Constitution Bench of the Allahabad High Court declined a reference made to reconsider the law laid down in Dr. Vishwajeet Singh and Ors. V. State of Uttar Pradesh, which dealt with the application of reservation of law ...
Vaish Associates Advocates
Under PMLA, a person is required to give truthful statement if such person is summoned by the Director.
Nishith Desai Associates
Exclusive Series Hosted By NDA – Bilateral Investment Treaties And International Commercial Arbitration
L&L Partners
Article 21 of the Constitution of India ("Constitution") confers, on every person, the fundamental rights of life and personal liberty.
AMLEGALS
The Petitioner had entered into three Time Charter Party Agreements (hereinafter referred to as the "Agreements") with the Respondent which were identical to each other.
Khaitan & Co
Vide a recent judgment dated 3 January 2019 in the matter of Government of Haryana PWD Haryana (B and R) Branch v M/s G F Toll Road Pvt Ltd & Ors (Civil Appeal No. 27/2019 in S.L.P. (C) No. 20201 of 2018), ...
Singh & Associates
Thus, the power under Section 8 was restricted to the ‘prima facie' enquiry into the existence of valid Arbitration agreement.
Nishith Desai Associates
The Arbitration and Conciliation (Amendment) Act, 2015 does not apply retrospectively to arbitration proceedings commenced prior to it coming into force, unless the parties otherwise agree.
Khaitan & Co
The Appellant's main contention in support of its application was the wording of Section 8(1) of the Arbitration Act after the 2015 Amendment.
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Krishnomics Legal
The Negotiable Instruments Act, 1881 ("the Act") was enacted to characterize and define the law relating to authoritative records like Promissory Notes, Bills of Exchange and Cheques.
Singh & Associates
The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
VGC Law Firm
The same have been briefly discussed in the present article.
Vaish Associates Advocates
The flow chart is indicative & for general guidance only.
L&L Partners
The recent order by the Hon'ble Supreme Court in Amit Sibal v. Arvind Kejriwal , has again brought to the forefront, the short but extremely important question as to :
Singh & Associates
S482, under the 37th Chapter of the Code – titled ‘Miscellaneous' deals with Inherent powers of the Court.
Vaish Associates Advocates
The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction includes any dispute between the Centre and State(s) or between States as well as matters concerning enforcement of fundamental rights of individuals.
AMLEGALS
The appellant (hereinafter referred to as Emaar MGF) is a company which has acquired and purchased land to develop an integrated township in District Mohali, Punjab.
Khaitan & Co
The Appellant's main contention in support of its application was the wording of Section 8(1) of the Arbitration Act after the 2015 Amendment.
Vaish Associates Advocates
Some of the prominent confusions that have been prevailing within the Bar and the Bench pertain to the applicability of Sections 397 to 401 and 482 of the Cr.P.C. and Article 227...
Dhaval Vussonji & Associates
Largely, under the provisions of Civil Procedure Code, 1908 any party is permitted to amend its pleadings in order to bring out the true and correct facts necessary for determining...
Vaish Associates Advocates
The normal law relating to the Burden of Proof and its onus is given under the provisions of the Indian Evidence Act, 1872.
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