Mondaq All Regions - India: Litigation, Mediation & Arbitration
Nishith Desai Associates
Recently, in N. Harihara Krishnan v. J. Thomas, the Supreme Court ("SC") has held that Section 1382 of the NI Act is self-contained, in so far as it creates an offence and prescribes necessary punishment.
S.S. Rana & Co. Advocates
The Supreme Court of India has held that all assets pertaining to Hindu Undivided Family (HUF) are to be treated as joint property of the HUF, unless the contrary is proved as self-acquisition of property through valid documents.
Nishith Desai Associates
Placing reliance on the preamble of the Code, the NCLAT clarified that an Insolvency Resolution process is not a money suitfor recovery nor a suit for execution of any decree or award...
Vaish Associates Advocates
While deciding the said appeal, the Hon'ble court held that the power of compounding is exercisable even when proceedings are pending.
Vaish Associates Advocates
Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice.
Khaitan & Co
The plea for quashing the FIR was advanced on the ground that the Appellants had amicably settled the dispute with the complainant. The Court after discussing various precedents on the subject summarised the broad principles in relation to Section 482 for quashing FIRs.
Khaitan & Co
The Supreme Court granted leave to appeal to the Appellant challenging the legality and correctness of the judgment and order dated 29 September 2011 passed by the Division Bench of the Calcutta High Court.
Khaitan & Co
A Single Judge of the Bombay High Court (Court), vide its Order and Judgement dated 19 September 2017, found that an arbitration clause in the draft concession agreement annexed to the bid document does not constitute a binding arbitration agreement between the parties.
Nishith Desai Associates
The Supreme Court of India ("Court") in its recent ruling, Aravalli Power Company Ltd. ("Appellant") v. Era Infra Engineering Ltd., ("Respondent"), clarified that the provisions of the Arbitration...
Khaitan & Co
The matter involved an interesting proposition of law in dealing with a challenge raised by Era Infra before the Delhi High Court in two separate petitions filed against Aravali Power under Section 14 and 11(6) of the 1996 Act...
S.S. Rana & Co. Advocates
In the recent order dated August 14, 2017, in Pradyuman bisht vs Union of India & Ors. (IA 10142/2015 arising out of Writ petition(s) (criminal) no(s). 99/2015).
LexCounsel Law Offices
The phrase "existence of dispute" assumes significance as it is largely the only legal defence that a corporate debtor can take to avoid insolvency/liquidation proceedings initiated by an operational creditor.
Aquilaw
A person entrusted with a duty to adjudicate must be independent and impartial. This two fold requirement becomes increasingly relevant in the context of arbitrations wherein the appointment...
Aquilaw
A settlement between the disputing parties is a much needed resort in the modern day commercial world. A settlement ensures that the disputes between the parties end in amicable terms leaving each party satisfied.
Shardul Amarchand Mangaldas & Co
A Single Judge of the Madras High Court recently, in K. Raghupathy v The Commissioner of Police [Crl.O.P. SR.No. 28352 of 2017] on 10.07.17, held that a petition under Section 482 of the Criminal Procedure Code...
Nishith Desai Associates
India has long been regarded as an unappealing centre for arbitration – be it as the seat of arbitration or as the place of final enforcement of the arbitral award.
Nishith Desai Associates
The Commercial Court in London ruled back in 2009 that London was the seat of arbitration and the courts in London had supervisory jurisdiction in relation to the proceedings in question (2009 ruling).
Nishith Desai Associates
Union of India v Vodafone Group PLC United Kingdom and Anor, I.A.9460/2017 in CS(OS) No. 383/2017; order dated August 22, 2017 (not reported by Lexis®Nexis UK)...
Clyde & Co
The question before the Hon'ble Supreme Court of India ("Apex Court") in Criminal Appeal No. 1265/2017 (Rajesh Sharma & Ors. vs State of UP) was whether any directions are called for to prevent the misuse...
Khaitan & Co
On 31 August 2017, the Supreme Court put to rest the controversy surrounding the course to be adopted in case of circumstances giving rise to justifiable doubts as to the independence or impartiality of 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.
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 :
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.
Khaitan & Co
On 31 August 2017, the Supreme Court put to rest the controversy surrounding the course to be adopted in case of circumstances giving rise to justifiable doubts as to the independence or impartiality of an arbitrator.
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.
LexCounsel Law Offices
The phrase "existence of dispute" assumes significance as it is largely the only legal defence that a corporate debtor can take to avoid insolvency/liquidation proceedings initiated by an operational creditor.
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.
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.
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.
Solomon & Co.
There are two ways in which a foreign judgment or decree can be enforced in India depending on whether the judgment or decree has been given by a court in a reciprocating territory or not.
Infini Juridique
The Government of India has recently notified "The Arbitration and Conciliation (Amendment) Ordinance, 2015". The notification was issued on October 23, 2015 and came into effect from the same date.
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