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  • Article

    Enforceability Of Unstamped Arbitration Agreements

    In a recent ruling in the case of N.N. Global Mercantile Private Limited vs. Indo Unique Flame Limited and Others, a constitution bench of the Supreme Court of India decided by a majority of 3:2 that an unstamped instrument containing an arbitration clause cannot be considered a legally enforceable contract.
    IndiaLitigation, Mediation & Arbitration
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    The Supreme Court Of India Clarifies The Scope And Ambit Of The Power Regarding Appointment Of A Substitute Arbitrator; Reiterates That Substitution Preserves Continuity, And Prior Proceedings Remain Valid Unless Either Party Objects

    Whether the Bombay HC, while deciding an application for substitution of arbitrator, was justified in holding that the proceedings held by the earlier arbitrator were liable to be declared as nullity on the premise that those proceedings were undertaken during the period of moratorium under Section 14 of the IBC?
IndiaLitigation, Mediation & Arbitration
JSA Advocates & Solicitors
JSA Advocates & Solicitors
  • Article

    Stamp Duty Obligations For Concession Agreements Under The Indian Stamp Act, 1899

    A concession agreement is a contractual arrangement between a private party (Concessionaire) and a Concessioning Authority (CA)
    IndiaReal Estate and Construction
    Fox & Mandal
    Fox & Mandal
  • Article

    Criminal Proceedings Cannot Continue After DRT-Approved Loan Settlement

    In a notable judgment dated May 29, 2026, a Division Bench of the Supreme Court of India comprising Hon’ble Justices BV Nagarathna and Ujjal Bhuyan in Vijay Kumar Kela & Anr. v. CBI & Anr. quashed criminal proceedings initiated by the Central Bureau of Investigation (“CBI”) against a borrower whose loan account dues had already been settled through a compromise approved by the Debt Recovery Tribunal (“DRT”).
    IndiaCriminal Law
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Admission Of Claim By Resolution Professional Does Not Constitute Acknowledgment Under Limitation Act: Supreme Court Quashes NCLAT Order In Shankar Khandelwal v. Omkara Asset Reconstruction Pvt. Ltd.

    The Supreme Court of India has delivered a landmark ruling on whether the admission of a claim by an Interim Resolution Professional during Corporate Insolvency Resolution Process constitutes an acknowledgment of liability under the Limitation Act, 1963.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Boundaries In Section 9 IBC Applications: Analysing GLS Films Industries v. Chemical Suppliers

    The Supreme Court of India has delivered a landmark ruling clarifying the threshold for rejecting insolvency applications under Section 9 of the Insolvency and Bankruptcy Code, 2016. In GLS Films Industries Private Limited v. Chemical Suppliers India Private Limited, the apex court addressed whether appellate tribunals can conduct mini-trials to evaluate the merits of pre-existing disputes, or whether they must simply confirm the existence of a plausible dispute. This judgment reinforces critical safeguards
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    IBC Update - Removal Of Interim Moratorium For Personal Guarantors Apples To Pending Proceedings

    The Bombay High Court recently addressed a critical question regarding the temporal application of Section 96(4) of the Insolvency and Bankruptcy Code, which removed the interim moratorium protection for personal guarantors of corporate debtors. The ruling clarifies whether this amendment applies only to fresh applications filed after its enactment or extends to insolvency proceedings that were already pending when the law changed. This decision has significant implications for creditors seeking to pursue p
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Trademark Opposition in India - Well Known Mark Triumphs Again!

    Under the Trademark law opposition to the registration of a mark can be filed on the ground that it is identical or similar to an earlier registered trade mark and also that the goods specification of both the marks are similar or identical.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    300 Meter Restraining Order In Stalking & Harassment Case: The Power Of Temporary Restraining Orders (TROs)

    I have watched several episodes of the series Suits in which US Courts issue Temporary Restraining Orders (TROs) being emergency orders often granted ex-parte (without the respondent's present)...
    IndiaLitigation, Mediation & Arbitration
    Anhad Law
    Anhad Law
  • Article

    A Young Advocates' Plight; Case Analysis Of Gaurav Kumar vs Union Of India

    In the case of Gaurav Kumar vs. Union of India before the Supreme Court, a single judge bench of the Chief Justice of India Dhananjaya Y. Chandrachud addressed a critical issue...
    IndiaLitigation, Mediation & Arbitration
    Naik Naik & Company
    Naik Naik & Company
  • Article

    Bhaven Const. Vs. Executive Er, Sardar Sarovar; A Rare Instance Of HC's Interference With The Arbitration Process

    This case is one of the few instances where a High Court exercised it's jurisdiction under Article 226 of the Constitution to interfere with an arbitrator's order.
    IndiaLitigation, Mediation & Arbitration
    Naik Naik & Company
    Naik Naik & Company
  • Article

    Bombay HC's Split Verdict In Challenge To IT Rules 2023 Part 2; Justice N Gokhale's Opinion

    While dismissing the petitions challenging the Information Technology Rules 2023, Justice Neela Gokhale observed that the measures adopted by the Government...
    IndiaLitigation, Mediation & Arbitration
    Naik Naik & Company
    Naik Naik & Company
  • Article

    Colourable (In)Actions- Stay On Conviction As A Way Around For Disqualification

    The Hon'ble Supreme Court through its judicial activism and judgements concerning The Representation of the People Act, 1951 (Hereinafter referred to as ‘The Act') has altered the operation and dynamics of Indian Polity.
    IndiaLitigation, Mediation & Arbitration
    Saikrishna and Associates, Advocates
    Saikrishna and Associates, Advocates
  • Article

    Delay In Filing A Suit Does Not Preclude A Plaintiff From Seeking Urgent Interim Relief Without Exhausting The Requirement Of Pre-suit Mediation Under The Commercial Courts Act, 2015

    JSA successfully represented Chemco Plastic Industries Private Limited ("Plaintiff-Respondent") before the Bombay High Court ("Bombay HC"), which has inter alia held that in deciding whether a plaintiff.
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Limitation Period For Execution Of Foreign Judgments In India

    Traditional conflicts of law rules regarded limitation as a matter of procedure that would be governed by the lex fori., i.e., by local law.
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    Supreme Court Reiterates The Law On Limited Scope Of Judicial Intervention In Arbitration Proceedings

    In Punjab State Civil Supplies Corporation Ltd. v. Sanman Rice Mills , the Hon'ble Supreme Court of India reaffirmed the principle of minimal judicial interference in arbitral proceedings...
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    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 ...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    The Limitation Clock On Money Recovery: Understanding Article 113, Acknowledgment And Extension Under Indian Law

    Understanding the critical timelines and legal frameworks governing money recovery suits in India requires navigating the complex interplay between the Limitation Act of 1963 and the Indian Contract Act of 1872. When does the clock actually start ticking on your right to sue, and how can acknowledgments or digital evidence extend or restart that crucial three-year window?
    IndiaLitigation, Mediation & Arbitration
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Unilateral Appointment Of The Arbitrator- Rights Of Aggrieved Party

    The Supreme Court has fundamentally reshaped arbitration practice in India by declaring unilateral arbitrator appointments largely impermissible. When one party holds exclusive power to select the arbitrator—or presents a curated panel—does this create an inherent bias that undermines fair dispute resolution? This analysis examines how Section 12(5) of the Arbitration & Conciliation Act 1996 and landmark judgments now protect parties from one-sided appointment clauses.
    IndiaLitigation, Mediation & Arbitration
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    IPR Update | Personality Rights: Bombay High Court Protects Karan Johar's Personality Rights

    The Hon'ble Bombay High Court ('Court') recently passed a significant ruling in the case of Karan Johar v. Indian Pride Advisory Pvt. Ltd.
    IndiaMedia, Telecoms, IT, Entertainment
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
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