Mondaq All Regions - India: Litigation, Mediation & Arbitration
S.S. Rana & Co. Advocates
In a recent order of the Division Bench of the Delhi High Court in the case of Simplex Infrastructure Limited vs Energo Engineering Projects Limited, Simplex Infrastructure filed a review petition ...
Dhaval Vussonji & Associates
Under Indian Laws especially under Civil Procedure Code, 1908 ("CPC") there are questions which may not have a definite answer.
Nishith Desai Associates
Supreme Court clarifies that parties can be punished for contempt for any action/default in complying with Tribunal's order or during the conduct of the proceedings and not merely restricted to taking evidence
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.
Damages, as the name implies, refers to a form of compensation as a result of breach, loss or injury.
Hammurabi & Solomon
It was further observed that Courts need to remind themselves that the trend is to minimize interference with arbitration process as that is the forum of choice.
Clyde & Co
In 2002, the Indian Supreme Court decided, in Bhatia International v Bulk Trading SA1 ('Bhatia') that Indian courts had exclusive jurisdiction to test the validity of an arbitral award made in India...
S.S. Rana & Co. Advocates
The Court stated that in the present case, neither the Agreement was signed by the Petitioner in his personal capacity, nor any of the communications produced provided a record of an agreement...
Nishith Desai Associates
Disputes governed by statutory enactments established for specific public purpose cannot be mandatorily referred to arbitration...
Shardul Amarchand Mangaldas & Co
The Court in the last part of this judgement noted that the court in Anvar has not applied the principle of prospective ruling.
S.S. Rana & Co. Advocates
Oftentimes it can be perceived that while technology progresses at an exponential rate, a majority of the world is still left to play catch-up. But this time, the same cannot be said about the Judiciary in India.
S.S. Rana & Co. Advocates
The Learned Magistrate after taking cognizance of offences in a complaint filed by the Complainant, alleging commission of offences punishable under Ss. 386, 406, 409, 420 and 120B of the IPC.
Singh & Associates
Arbitration is one of the means to settle disputes. But all kinds of disputes cannot be entertained by arbitral tribunal.
Singh & Associates
A contract for infrastructure development was entered into between the AFCONS Infrastructure LTD and Rail Vikas Nigam Ltd on 12.12.2011.
Singh & Associates
The Supreme Court of India, after a long drawn dispute, has firmly established that two-tier arbitration clauses are valid and are not against public policy in India.
Vaish Associates Advocates
The Hon'ble Supreme Court of India in the matter of TRF Limited vs. Energo Engineering Projects Ltd. (decided on July 3, 2017) dealt with a case in which an arbitrator under the arbitration clause became ineligible to act as an arbitrator ...
Singh & Associates
Arbitration has become an immensely popular method of alternative dispute resolution in India. The fact that almost every contract nowadays has an arbitration clause is testament to the popularity of arbitration.
Tuli & Co
It is well settled that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission ('NCDRC') and other consumer forums.
Khaitan & Co
The Hon'ble Delhi High Court recalled its order dated 10 December 2015 and restored the petition originally filed under Section 9 of the Arbitration and Conciliation Act, 1996 which was dismissed by a Commercial Appellate Division.
Khaitan & Co
The Hon'ble Supreme Court of India has held that once an arbitrator becomes ineligible to be appointed as an arbitrator by operation of law, he also loses his power to nominate another as an arbitrator.
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Alpha Partners
This paper attempts to delineate various aspects of Section 138 of the Negotiable Instruments Act. Section 138 is the principal section dealing with dishonor of cheques.
Singhania & Partners LLP, Solicitors and Advocates
The Government of India decided to amend the Arbitration and Conciliation Act, 1996 by introducing the Arbitration and Conciliation (Amendment) Bill, 2015 in the Parliament.
Singhania & Partners LLP, Solicitors and Advocates
Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "1996 Act") stipulates grounds to challenge the arbitral award made under Section 31.
Singhania & Partners LLP, Solicitors and Advocates
Legitimacy of invocation of bank guarantees has always been a bone of contention between the parties who have entered into commercial arrangements.
Tuli & Co
It is well settled that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission ('NCDRC') and other consumer forums.
Seth Dua & Associates
The holders being aggrieved party filed a petition before the NCLT for the recovery of their deposits.
Singhania & Partners LLP, Solicitors and Advocates
The Arbitration and Conciliation Act, 1996 (hereinafter the "1996 Act") supplants the Arbitration Act, 1940. In the 1996 Act, intervention by Courts was limited so that the object behind speedy justice could be well achieved.
Singh & Associates
Per incuriam, literally translated as "through lack of care", refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant.
Luthra & Luthra Law Offices
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 :
The efficiency of the legal system and the pace at which disputes are resolved by courts are very important factors in deciding the growth of investment and the overall economic and social development of a country.
Singhania & Partners LLP, Solicitors and Advocates
Under the Arbitration and Conciliation (Amendment) Act, 2015. There are two avenues available for the enforcement of foreign awards in India, viz., the New York Convention and the Geneva Convention, as the case may be.
DSK Legal
Hon'ble Supreme Court in its judgment dated August 1, 2014 in the case of Dashrath Rupsingh Rathod vs. State of Maharashtra and another inter alia held that the territorial jurisdiction for dishonor of cheques is restricted to the Court within whose local jurisdiction the offense was committed.
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