Searching Content indexed under Trials & Appeals & Compensation by Tuli & Co ordered by Published Date Descending.
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NCLT Has The Power To Grant Ad-Interim Reliefs Under Rule 11 Of The NCLT Rules 2016: NUI Pulp And Paper Industries Pvt Ltd v Roxcel Trading GmbH
NCLAT has, in its recent decision in NUI Pulp and Paper Industries Pvt Ltd v Roxcel Trading GmbH, held that Rule 11 of the National Company Law Tribunal Rules 2016 recognises that the NCLT has inherent powers ...
25 Sep 2019
Sorout Mushroom Farm v NIC & Ors: Sanctity Of Insured's Appointment Of Surveyor
In the case of Sorout Mushroom Farm v NIC & Ors [ ] (decided on 16 April 2019), the National Consumer Disputes Redressal Commission provided some useful guidance in relation to the claim assessment by an IRDA licensed Surveyor.
10 Jul 2019
Aadhaar Bill: Impact On Financial Sector
The Aadhaar and Other Laws (Amendment) Bill 2018 (Aadhaar Bill) was recently passed in the Lok Sabha.
14 Feb 2019
An Unsigned Written Arbitration Agreement Is Enforceable: The Supreme Court View In M/s Caravel Shipping Services Pvt Ltd v M/s Premier Sea Food Exim Pvt Ltd
The disputes between the Appellant, Caravel Shipping and the Respondent, Premier Sea Foods arose from a Bill of Lading.
3 Jan 2019
Murder to be treated as an Accident: National Commission
The apex consumer body, the National Consumer Disputes Redressal Commission (National Commission), while hearing an appeal filed against the order of the Maharashtra State Consumer Disputes Redressal Commission (State Commission),
23 Oct 2018
Prevention of Sexual Harassment at Workplace - Replacement of the ICC Chairperson on the grounds of conflict
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ('Act') and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 ('Rules') were enacted on 9 December 2013 with the objective of preventing and protecting women against sexual harassment at workplace.
20 Jul 2018
Arbitration Where Liability Is Not Admitted
In Oriental Insurance Company Limited v. Narbheram Power and Steel Pvt Ltd dated 2 May 2018 the Supreme Court has upheld the validity of a quantum-only arbitration clause and has affirmed...
8 May 2018
An appeal against the execution of a foreign arbitration award is not maintainable under Commercial Courts Act
A Division Bench comprising Justice R. F. Nariman and Justice Navin Sinha has in a recent decision in Kandla Export Corporation & Anr. v M/s OCI Corporation & Anr.
15 Feb 2018
Interim Award On Limitation Can Be Challenged Under Section 34 Of The Arbitration & Conciliation Act 1996
The Supreme Court in a recent decision in M/s Indian Farmers Fertilizer Co-operative Limited v M/s Bhadra Products has held that an award passed by an arbitrator, even on a limited issue of limitation...
26 Jan 2018
Court's Powers Under §27 Of The Arbitration & Conciliation Act 1996 – Judicial Or Procedural?
A Single Judge bench of the Bombay High Court, in a recent judgment in Montana Developers Private Limited v Aditya Developers and Ors.
22 Aug 2016
The Supreme Court Of India Carves Out A Seventh Category Of Dispute Which Is Not Arbitrable
In its judgment of Booze Allen & Hamilton Inc. v SBI Home Finance Ltd. and Ors [ ] the Supreme Court of India had listed six categories of disputes which are non – arbitrable, these included (i) disputes which give rise to or arise out of criminal offences, ..
22 Aug 2016
Constitution Of NCLT And NCLAT: A New Era Of Company Law Litigation In India
The Ministry of Corporate Affairs on 1st June 2016 notified the constitution of National Company Law Tribunal and National Company Law Appellate Tribunal in exercise of powers conferred under §408 and §410 of the Companies Act 2013.
22 Jun 2016
Prospective Application Of The Arbitration And Conciliation (Amendment) Act 2015
The new amended Arbitration Act 2015 (‘Amended Act') was introduced on 23 October 2015 in the form of an Ordinance.
21 Jun 2016
Interpreting the BALCO judgment – The Delhi High Court Division Bench view in Priya Hiranandani Vandervala v Niranjan Hiranandani: May 2016
The Delhi High Court has recently interpreted the Supreme Court judgement in Bharat Aluminium Company v Kaiser Aluminium Technical Services Inc. (2012) 9 SCC 552 (‘BALCO') to lay down which courts would have jurisdiction for proceedings under the Arbitration and Conciliation Act, 1996 (‘Act').
10 Jun 2016
Arbitration & Conciliation (Amendment) Act, 2015 Passed By Parliament
The Arbitration and Conciliation (Amendment) Act, 2015 ('Amendment Act') was passed by both houses of parliament in the winter session, pursuant to which it has received Presidential assent on 31 December 2015.
4 Jan 2016
Upholding The Validity Of A Discharge Voucher: New India Assurance v Genus Power Infrastructure
The Supreme Court decision in NIA v. Genus is a welcome resistance point against the increasing trend for policyholders to negotiate a policy payment, execute a discharge voucher confirming the full and final settlement of the claim, and then allege coercion and duress in an attempt to sidestep the discharge voucher and secure a further policy payment by arbitration or litigation.
30 Dec 2014
Case Comment: HDFC ERGO General Insurance Co v Bhagchand Saini
The National Consumer Disputes Redressal Commission has ruled that any delay in the notification of theft to the Police or the insurer in motor vehicle policies is fatal to the claim in its judgment of 4 December 2014.
30 Dec 2014
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