Searching Content indexed under Court Procedure by Khaitan & Co ordered by Published Date Descending.
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Only High Court Judges Have The Power To Delegate The Duty Of Examining And Impounding Any Instrument Under The Karnataka Stamp Act 1957
In a recent decision, the Karnataka High Court considered whether a Judge, other than the Judge of a High Court, is empowered to delegate the duty of examining and impounding any instrument under Section 33 ...
29 Nov 2018
Objections To Jurisdiction Will No Longer Be Decided As A Preliminary Issue
The Ordinance proceeds to lay down the procedure by which matters pending under Section 9A of the Code are to be dealt with.
9 Jul 2018
Supreme Court Reiterates The Need For Speedy Justice: Limits The Validity Of Stay Of Proceedings In Civil And Criminal Trials To 6 Months
By a judgment delivered on 28 March 2018 in Asian Resurfacing of Road Agency Private Limited & Anr v Central Bureau of Investigation , a three Judge bench of the Hon'ble Supreme Court comprising of ...
10 Apr 2018
Supreme Court Of India Clarifies Foreign Law Firms/Lawyers' Scope Of Services In India
The Hon'ble Supreme Court of India pronounced a judgment restricting foreign law firms/lawyers from setting up offices in India and has only allowed them to come to India on temporary basis for advise on foreign law only ...
3 Apr 2018
Supreme Court Rules That Section 50 Of The Arbitration & Conciliation Act, 1996, Can't Be Bypassed Through Recourse To Section 13(1) Of The Commercial Courts Act
A Division Bench of the Hon'ble Supreme Court of India (Supreme Court), on 7 February 2018, in the matter of Kandla Export Corporation and Another vs. OCI Corporation and Another, held that Section 13 ...
26 Feb 2018
Supreme Court Elucidates Upon The Scope & Necessity Of Certificate Under Section 65B Of The Indian Evidence Act, 1872
The Hon'ble Supreme Court, while deliberating upon the significance of videography as a crucial means of evidence in conjunction with the scope of applicability of procedural requirements under Section 65B(4)...
26 Feb 2018
Supreme Court Holds Ruling On Limitation Is Interim Award And Subject To Challenge Under Section 34 Of The Arbitration & Conciliation Act, 1996
A Division bench of the Supreme Court of India (Court) consisting of the Hon'ble Justices R F Nariman and Navin Sinha recently held that a ruling on limitation by an arbitrator would be an interim award ...
26 Feb 2018
Supreme Court Clarifies The Appropriate Jurisdiction For Enforcement Of An Arbitral Award
By a judgment delivered on 15 February 2018 in Sundaram Finance v Abdul Samad & Anr, a two Judge bench of the Hon'ble Supreme Court of India has clarified the anomaly with regard to the appropriate jurisdiction for enforcement of an arbitral award.
20 Feb 2018
Venture-Satyam Dispute Referred To Larger Bench Due To Differing Opinions
The Division Bench of the Supreme Court of India differed in their ruling on the applicability of the confessional statement given by Mr Ramalinga Raju in the arbitration proceedings between Venture and Satyam.
28 Nov 2017
Delay In Filing Appeal Against An Order Of The Recovery Officer Cannot Be Condoned
The Supreme Court, which is the Apex Court of India, recently ruled on whether Section 5 of the Limitation Act, 1963 could be invoked to seek a condonation of delay in filing an appeal before the Debt Recovery Tribunal...
17 Nov 2017
SC: Scope Of Interference Of Courts While Appointing Arbitrators Limited To Determining Existence Of Arbitration Agreement
On 10 October 2017, the Supreme Court of India in the matter of Duro Felguera, S.A. v. Gangavaram Port Limited has upheld the legislative policy and purpose to minimize the Court's intervention at the stage of appointing an arbitrator...
16 Nov 2017
Delhi High Court Reinstates Substantive Right To Appeal Post Transition From Commercial Courts Ordinance To Commercial Courts Act
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.
18 Jul 2017
Supreme Court: If Ineligible To Be Appointed As Arbitrator, You Can't Nominate
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.
17 Jul 2017
Foreign Award Holders Can Seek Interim Reliefs Under Section 9 Rules Bombay High Court
An arbitration agreement that merely provides for a venue and applicable law not being India would not satisfy the intent of the proviso.
19 May 2017
Enforcement Of A Foreign Arbitral Award And FEMA, 1999
On 11 April 2017, the Hon'ble High Court of Delhi (High Court), pronounced its judgment in a case where the enforcement of a foreign arbitral award was opposed inter alia on the ground that the enforcement of the said award would be contrary to the public policy of India ...
21 Apr 2017
Unresolved Uncertainty on Choice of a Foreign Seat by two Indian Parties to a Domestic Dispute?
In the recent years, particularly 2014 and 2015, the High Courts of different States in India were faced with the submission or issue: ‘Whether two Indian parties to a dispute can choose a foreign seat'.
12 Sep 2016
The Commercial Courts Act: Is It The Solution For Delayed Justice
The Indian judicial system today is burdened with lakhs of pending cases, most of which are pending since long periods of time.
28 Jul 2016
Bombay High Court Holds No Rebate For Stamp Duty Paid In Another State In Case Of Scheme Of Arrangement
A three judge bench of the Hon'ble Bombay High Court has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 involving different High Courts in multiple states, are separate instruments in themselves.
14 Apr 2016
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