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  • Article

    High Court Of Delhi Holds That Section 138 Of The NI Act Will Be Inapplicable To Cheques Dishonoured Due To Account Blocking During CIRP And Liquidation.

    The High Court of Delhi in the matter titled as Farhad Suri & Anr. v. Praveen Choudhary & Ors. , through its judgment dated 16.12.2025, quashed multiple summoning orders and criminal complaints under Section 138 of the NI Act
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Article

    High Court Of Delhi Sets Aside Arbitral Award For Ignoring Express Interest Clause In Commercial Invoices.

    The High Court of Delhi, in the matter titled as M/s Khubi Ram Rajiv Kumar & Co. v. M/s Naveen Enterprises & Ors. , through its judgment dated 20.12.2025, allowed an appeal under Section 37 of the A&C Act and held that the arbitral tribunal had erred in rejecting the claimant's entitlement to interest.
India
Litigation, Mediation & Arbitration
Sagus Legal
Sagus Legal
  • Article

    Impact Of Supreme Court's Order Dated 23.03.2020

    A three-judge bench of the Hon'ble Supreme Court ("the Court") in the matter of Suo Moto Writ Petition (Civil) No. 3 / 2020 titled as, In Re: Cognizance for Extension of Limitation...
    IndiaLitigation, Mediation & Arbitration
    Kochhar & Co.
    Kochhar & Co.
  • Article

    Impact Of The Supreme Court's Order Of March 23, 2020

    A three-judge bench of the Hon'ble Supreme Court ("the Court") in the matter of Suo Moto Writ Petition (Civil) No. 3 / 2020.
    IndiaLitigation, Mediation & Arbitration
    Kochhar & Co.
    Kochhar & Co.
  • Article

    Justice (Retd.) Manmohan Singh Appointed As The Chairman Of Intellectual Property Appellate Board

    He was appointed as an Additional Judge of the Delhi High Court on April 11, 2008 and as a permanent Judge on July 6, 2011.
    IndiaLitigation, Mediation & Arbitration
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    No Confiscation Even If Classification Or Exemption Is Not In Conformity With The Department's View Or Held Not Correct In Appellate Proceedings

    The CESTAT New Delhi has held that classification of goods by the importer, even if the same is not in conformity with re-assessment by the proper officer or even if it is held to be not correct...
    IndiaLitigation, Mediation & Arbitration
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Preinstitution Mediation Is Mandatory, Even For Counterclaims, Under The Commecial Courts Act 2015: Aditya Birla Fashion & Retail Ltd v Mrs Saroj Tandon

    The Delhi High Court has held that pre-institution mediation under §12A of the Commercial Courts Act 2015 is mandatory for counterclaims, just as it is for an original suit.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Rajasthan High Court's Recent Decision: Ensuring Swift Justice In Disciplinary Inquiries

    Delays in disciplinary inquiries have been a long-standing issue affecting employees in both government and private sectors.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Reference To Larger Bench To Be Heard At Instance Of Intervener If Appellant Settles Case

    The Larger Bench of the CESTAT has held that the hearing and resolution of the issue referred to the Larger Bench is be continued at the instance of the Intervener even if the case...
    IndiaLitigation, Mediation & Arbitration
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Relevance Of Intention In Benami Transaction

    The Hon'ble High Court of Madras in the case of First ITO vs. MR Dhanalakshmi Ammal 1978 ITR 413 held that the true test to determine whether the transaction is benami or not is to look into the intention of the parties ...
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    SC Holds That Granting Interim Reliefs To Unsuccessful Party In Arbitration Should Be Done Only In Rare And Compelling Cases

    The Supreme Court has clarified the scope of interim relief available under Section 9 of the Arbitration and Conciliation Act, 1996, addressing whether unsuccessful parties in arbitration proceedings retain the right to seek protective measures post-award. This landmark ruling examines the interpretation of 'a party' under the statutory framework and establishes the stringent standards courts must apply when evaluating such applications from parties who did not prevail in arbitration.
    IndiaLitigation, Mediation & Arbitration
    AZB & Partners
    AZB & Partners
  • Article

    SC Lays Down Necessary Ingredients Of An Enforceable Arbitration Agreement

    The SC in South Delhi Municipal Corporation v. SMS Ltd., held that a valid and enforceable arbitration agreement...
    IndiaLitigation, Mediation & Arbitration
    AZB & Partners
    AZB & Partners
  • Article

    Supreme Court Affirms That Cheque Dishonour Complaints Cannot Be Quashed At The Pre-trial Stage Once Ingredients Of Section 138 Of The NI Act Are Satisfied

    The Supreme Court through its judgement dated 07.04.2026 in Renuka v. the State of Maharashtra & Anr. affirmed that where the basic ingredients of an offence under Section 138 of the Negotiable Instruments Act, 1881 are satisfied, the complaint cannot be dismissed at the pre-trial stage on the ground that the cheque was not issued towards a legally enforceable debt.
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Article

    Supreme Court Affirms That Errors Of Law And Evidentiary Re-assessment Do Not Warrant Interference With Arbitral Awards.

    The Supreme Court in the matter titled as Ramesh Kumar Jain v. Bharat Aluminum Company Limited , through its judgement dated 18.12.2025 affirmed that, courts exercising jurisdiction under Sections 34 and 37 of the A&C Act do not sit in appeal over arbitral awards.
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Article

    Supreme Court Held That EPF Dues Have Priority Over Secured Creditors Under SARFAESI Act

    However, if there is a first charge statutorily created, dehors the non obstante clause conferring priority over other debts, the statutory charge would prevail
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Article

    Supreme Court Held That Pre-litigation Mediation Is Not Mandatory In Cases Involving Continuing Infringement Of Intellectual Property Rights

    The Supreme Court through its judgement dated 27.10.2025 in the matter of Novenco Building and Industry A/S v Xero Energy Engineering Solutions Private Limited & Another held that when deciding a commercial suit involving an application for urgent interim relief in intellectual property infringement cases.
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Article

    Supreme Court Holds Principles Of Natural Justice Do Not Require Personal Hearing Before Classification As Fraud, However Furnishing Of Forensic Audit Report Is Mandatory

    The Supreme Court through its judgement dated 07.04.2026 in State Bank of India v Amit Iron Private Limited & Others held that there is no right for borrowers to seek personal hearing before classification as fraud, however furnishing Forensic Audit Reports is mandatory.
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Article

    Supreme Court Holds That An Arbitral Award Is Not Invalid Merely Because It Is Pronounced After The Expiry Of Arbitral Mandate, Where Time Has Been Subsequently Extended Under Section 29A Of The A&C Act

    The Supreme Court through its judgment dated 03.02.2026 in C. Velusamy v. K. Indhera, held that an application under Section 29A(5) of the Arbitration and Conciliation Act, 1996 ("A&C Act")...
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Article

    Supreme Court Holds That Limitation Period To File An Application Under Section 34 Of The A&C Act Is To Be Reckoned From The Date On Which Application Under Section 33 A&C Is Disposed Off

    The Supreme Court through its judgment dated 02.06.2026 in the matter of National Highway Authority of India v T. Younis & Another held that the limitation period for filing an application challenging the arbitral award is to be computed from the date on which the application under Section 33 of the Arbitration and Conciliation Act, 1996 (“A&C Act”) is disposed off by the arbitral tribunal.
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Article

    Supreme Court Holds That Once An Order Under Section 8(3) Of The PMLA Is Challenged, A Deemed Embargo Operates On The Conclusion Of Proceedings Under Section 8(7) Of The PMLA

    Supreme Court through its judgement dated 06.02.2026 in M/s Nav Nirman Builders & Developers Pvt. Ltd. v Union of India held that, once an order confirming attachment under Section 8(3)...
    IndiaLitigation, Mediation & Arbitration
    Sagus Legal
    Sagus Legal
  • Showing 181–200 of 3988 results

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