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  • Article

    Supreme Court Revisits The Requirements For Admissibility Of Electronic Evidence Under Section 65b Of The Indian Evidence Act, 1872

    Recently, a three-judge bench of the Supreme Court comprising justices Rohinton Fali Nariman, S. Ravindra Bhat and V. Ramasubramanian, vide judgment dated July 14, 2020...
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    Indian Supreme Court's Response To COVID – 19: Extends Period Of Limitation For All!

    Last few weeks have been extraordinarily unpredictable for India due to the outbreak of Novel Corona Virus aka Covid-19.
    IndiaCoronavirus (COVID-19)
S.S. Rana & Co.
S.S. Rana & Co.
  • Article

    A Document's Title Alone Cannot Define Its True Nature, Clarifies Supreme Court

    The Insolvency and Bankruptcy Code, 2016 ("Code") has been a cornerstone of India's restructuring framework, yet its evolving nature often leaves room for judicial interpretation.
    IndiaCorporate/Commercial Law
    AJA Legal
    AJA Legal
  • Article

    Between The Lines - March 2024

    NCLT: Corporate insolvency resolution process cannot be initiated under Section 7 of IBC based on transfer agreement for purchase of debentures from financial creditors.
    IndiaCorporate/Commercial Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Madhya Pradesh High Court Reaffirms Double Jeopardy Protection As A Fundamental Right

    In a significant ruling safeguarding constitutional protections in criminal jurisprudence, the Madhya Pradesh High Court held that an application invoking the doctrine of double jeopardy...
    IndiaCriminal Law
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Power Of Registrar To Accept Rectification Application During The Pendency Of Suit

    Sec. 57 of the Trade and Merchandise Marks Act, 1958 gives power to registrar to rectify the register. However, the plain reading of this section gives rise to a conflicting situation in light of section 107 of the Act, which puts a bar on power of registrar in this regard.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Analyzing The Impact Of The Supreme Court's Decision To Strike Down The Electoral Bonds Scheme: Safeguarding Democratic Principles And The Right To Information

    The Supreme Court's unanimous decision on February 15, 2024, to strike down the Union government's 2018 Electoral Bonds Scheme marked a significant milestone in Indian jurisprudence.
    IndiaLitigation, Mediation & Arbitration
    Karanjawala & Company
    Karanjawala & Company
  • Article

    Arbitrator's Power To Recall Its Order Of Termination Of Arbitral Proceeding- A Tale Of Dubiety? (Part II)

    In this post, we attempt to answer whether such a remedy would extend to termination of arbitral proceedings under Section 32(2)(c) of the Act, and other issues incidental thereto.
    IndiaLitigation, Mediation & Arbitration
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Chargesheet Should Prima Facie Show That Offence Is Established: Supreme Court Of India

    In the pursuit of justice, most of the recent appeals before the judiciary have highlighted significant concerns regarding the contents of chargesheets submitted by the state or police officers in various jurisdictions.
    IndiaLitigation, Mediation & Arbitration
    Naik Naik & Company
    Naik Naik & Company
  • Article

    Delhi High Court Clarifies: Pre-Institution Mediation Mandatory Even For Commercial Counter-Claims

    In a judgment dated 2nd September 2024 in Aditya Birla Fashion and Retail Ltd. v. Mrs. Saroj Tandon1, the Hon'ble Delhi High Court ("High Court") dealt with an important procedural question...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Different Types Of Panchanama In Law

    The word Panchanama is not used as such or defined particularly anywhere in any book of Law, but the same can be read into Section 100 under Chapter VII of The Code of Criminal Procedure, 1973, (Cr.P.C.).
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    Enforcement Of Foreign Judgments And Decrees In India

    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.
    IndiaLitigation, Mediation & Arbitration
    Solomon & Co. Advocates & Solicitors
    Solomon & Co. Advocates & Solicitors
  • Article

    Law Of Injunction: Temporary Injunction

    Under India Legal System, the law relating to injunction has been provided in the Specific Relief Act, 1963.
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    When A Letter Of Intent Isn’t Enough: Supreme Court Clarifies Limits Of Arbitration Agreements

    In fast-paced commercial transactions, parties often treat a Letter of Intent (LoI) as the beginning of binding obligations. However, the Supreme Court’s decision in Maharashtra State Electricity Distribution Company...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    A Partnership Deed Cannot Automatically Bind Legal Heirs Of A Deceased Partner Of A Partnership Firm

    The Apex Court vide its judgment dated 18th October, 2019 passed in the case of S. P. Misra & Ors. V. Mohd. Laiquddin Khan & Anr., held that a decree...
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    L&T versus LNT/ELENTE

    The appellant Larsen and Toubro Ltd. (L&T), in the instant case Larsen & Toubro Ltd. v. Lachmi Narain Trades. & Ors 2008 (36) PTC 223 (Del.) (DB), is engaged in diverse business activities including transportation and infrastructural development, finance, information technology within and outside the country.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Arbitration Through Conduct: Recognition Of Arbitration Clauses Incorporated In Commercial Invoices

    he evolution of arbitration jurisprudence in India has consistently reflected a judicial inclination toward promoting party autonomy and minimizing unnecessary judicial intervention in commercial disputes.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Bombay High Court Sets Aside Arbitral Award In Nayara Energy Dealership Dispute: Reaffirming Limits Of Arbitral Powers In Commercial Contracts

    The Bombay High Court's decision in Nayara Energy Ltd. v. M/s. Mahendra Sales Services addresses critical questions about arbitral tribunals' authority to override express contractual terms in dealership disputes.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Gathering Evidence In IP Suits: The Thin Line Between Interrogatories And Cross-Examinations

    There are several ways in which evidence can be gathered in intellectual property (IP) suits, including through discoveries and cross examinations
    IndiaLitigation, Mediation & Arbitration
    Obhan Mason
    Obhan Mason
  • Article

    Judicial Discourse - October 2024

    The Supreme Court of India ("Supreme Court") in Kalvakuntla Kavitha vs. ED granted bail to an accused in the case of the ED relating to the Delhi Excise Policy Scam, setting aside an order of the Delhi High Court ("Delhi HC").
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Showing 321–340 of 662 results

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