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  • Article

    Bombay High Court: Reiterates The Principle Of Exhausting Alternate Remedies

    In a recent ruling, the Hon'ble Bombay High Court ("HC") reiterated the long-standing legal principle that litigants must exhaust all available alternate remedies before invoking...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    From Conviction To Compromise: Supreme Court Opens The Door To Post-Sentence Settlements

    The Supreme Court of India has once again reaffirmed the settlement-oriented philosophy underlying cheque dishonour litigation by holding that an offence under Section 138...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
Article

In A Suit For Specific Performance A Power Of Attorney Holder Of The Plaintiff Cannot Give Evidence On The Readiness And Willingness Of The Plaintiff To Perform The Contract

The Apex Court in its decision in Rajesh Kumar v. Anand Kumar & Ors observed that a Power of Attorney Holder is not entitled to depose in place and instead of the plaintiff (principal).
IndiaLitigation, Mediation & Arbitration
M Mulla Associates
M Mulla Associates
  • Article

    Land Administration May (2026) Land Administration Updates And Judgments

    A series of Special Leave Petitions emerged from land transaction disputes in Kancheepuram district, Tamil Nadu, following a public interest litigation filed before the Madras High Court. The Supreme Court maintained a status quo order from 2018 while the original petitioner who initiated the public interest litigation remained conspicuously absent throughout all Supreme Court proceedings.
    IndiaLitigation, Mediation & Arbitration
    Hammurabi & Solomon Partners
    Hammurabi & Solomon Partners
  • Article

    Non-Commercial Suits To Be Governed By The Unamended Provisions Of The Code Of Civil Procedure, 1908: Supreme Court

    The Commercial Courts Act, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Commercial Courts Act) has amended the Code of Civil Procedure...
    IndiaLitigation, Mediation & Arbitration
    Phoenix Legal
    Phoenix Legal
  • Article

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

    Supreme Court Holds That An Unstamped Arbitration Agreement Is ‘Non-Existent' At The Pre-Referral Stage

    In a judgment with far reaching consequences, a five-judge Constitutional Bench of the Supreme Court of India in the matter of N.N. Global Mercantile Private Limited v. Indo Unique Flame Ltd...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Supreme Court Reiterates Limited Scope Of Judicial Interference At The Referral Stage In Section 11 Arbitration Proceedings

    The evolving jurisprudence of arbitration in India consistently grapples with the delicate interplay between judicial intervention and arbitral autonomy.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Whether Limitation Can Be Decided As A Preliminary Issue Under Section 9A Of The Code Of Civil Procedure

    Recently, a full bench of the Supreme Court of India in its decision in Nusli Neville Wadia v. Ivory Properties & Ors., [SLP (Civil) Nos. 31982 – 31983 of 2013] held that under the provisions of Section 9A and ...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Navigating ITC Benefits In Commercial Property Transactions: Safari Retreat Case

    The interpretation of tax laws has always been a complex and evolving issue, particularly when it comes eligibility to Input Tax Credit ("ITC") on transactions involving immovable property.
    IndiaTax
    S&A Law Offices
    S&A Law Offices
  • Article

    Default Bail In India

    The State Through Central Bureau of Investigation vs T. Gangi Reddy @ Yerra Gangi Reddy CRIMINAL APPEAL NO. 37 OF 2023
    IndiaCriminal Law
    LexCounsel
    LexCounsel
  • Article

    Arbitration Agreements And The Non-Derogable Jurisdiction Of Consumer Fora: A Critical Analysis Of T.K.A. Padmanabhan v. Abhiyan Cooperative Group Housing Society Ltd.

    The interplay between alternative dispute resolution mechanisms and statutory consumer remedies has long been a contested terrain in Indian jurisprudence.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Legal & Judicial Updates (June-July 2024)

    The Court explained that Section 9 of the Arbitration Act applies principles similar to those under Order 39 Rule 1 and 2 of the CPC and only permits a prima facie examination of issues, not a final determination, citing KSL & Industries Ltd
    IndiaLitigation, Mediation & Arbitration
    Hammurabi & Solomon Partners
    Hammurabi & Solomon Partners
  • Article

    Timelines As Sacred: NCLAT Reinforces Mandatory Bar On Late Resolution Applicants In Ram Prasad Agarwala v. Bijay Murmuria

    The National Company Law Appellate Tribunal has delivered a landmark ruling reinforcing the mandatory nature of procedural timelines in corporate insolvency proceedings.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Publici Juris – In Pharma Products

    Publici juris" is a Latin word, and in the legal parlance, means, "of public right". The term signifies a thing or a right that is open and exercisable by all persons. It designates things that belong to the entire community, and not to any private party.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Between The Lines ... June 2023

    The Supreme Court, by a judgment pronounced on May 4, 2023, in the matter of Vistra ITCL (India) Limited and Others v. Mr. Dinkar Venkatasubramanian and Another [Civil Appeal No. 3606 of 2020]...
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Bombay High Court: Letters Patent Appeal Is Not Maintainable From An Order Passed Under Section 8 Of The Arbitration Act

    A three judge bench of the Bombay High Court has resolved the question pertaining to the appealability from an order passed under Section 8 of the Arbitration and Conciliation Act, 1996.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Criminal Conviction By A Court Is Necessary For Forfeiture Of Gratuity

    In a recent judgment titled Punjab National Bank vs. Niraj Gupta and Anr.[1] the Hon'ble Delhi High Court ("Hon'ble HC") clarified that an employee's gratuity could not be forfeited on the grounds of an ‘offe
    IndiaLitigation, Mediation & Arbitration
    Dentons
    Dentons
  • Article

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

    Maintainability Of Revision Petition Before Pre-Charge Evidence

    That on application of the accused under Section 245(2) of the Cr.P.C, the Magistrate has the power to discharge the accused at any stage falling under the scope of sections 200 to 204 Cr.P.C. and till the completion ...
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Showing 401–420 of 662 results

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