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  • Article

    Necessity Is The Mother Of All Interpretation

    The basic Principle of Interpretation of Statutes is to remove the ambiguity and enlarge the scope of legislation and intention of the legislature.
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    UK Court Reaffirms The Significance Of Seat In An International Arbitration

    The Commercial Court in Habas Sinai Ve Tibbi Gazlar Istihsal Endustrisi AS v VSC Steel Company Ltd reaffirmed the principle laid down in Sul America Cia Nacional De Seguros S.A. and others v Enesa Engenharia S.A. and Arsanovia Ltd v Cruz City Mauritius Holdings.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    COVID-19 Urges Courts In India To Go Online: Pros And Cons Of Court Hearings Via Video Conference

    The outbreak of the novel COVID-19 has been identified as a "public health emergency" of international concern by the World Health Organization on January 30, 2020.
    IndiaCoronavirus (COVID-19)
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    The Criminal Procedure (Identification) Act, 2022

    The Criminal Procedure (Identification) Act, 2022 (2022 Act) was enacted with the aim of authorizing law enforcement agencies to take measurements of convicts and other persons for the purposes...
    IndiaCriminal Law
    HSA Advocates
    HSA Advocates
  • Article

    Case Analysis: Vidyasagar Prasad vs UCO Bank (2024 INSC 810 ) Interpreting Acknowledgment Of Debt And Limitation In IBC Proceedings

    In Vidyasagar Prasad v. UCO Bank, the Supreme Court dismissed an appeal against the initiation of a Corporate Insolvency Resolution Process (CIRP) under Section 7 of the IBC.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Repeal Of EMR In The Patent Act: Glaxo´ Appeal Clarifies

    The Patents Amendment Act, 2005 lead to the repeal of the provision enabling Exclusive Marketing Rights (EMRs). However, in cases where the EMR was applied for prior to the amendment coming to force, disputes may pose themselves forth various judicial forums.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Arbitral Award Signed, Not Stamped: The Delhi High Court In URC Construction v. Airports Authority Of India Closes The Door On Deferred Stamp Duty At The Enforcement Stage

    The Delhi High Court has ruled that arbitral awards must be stamped when signed, not when enforcement is sought, closing a decades-old practice of deferred stamp duty payment. Once the one-month statutory window expires, award holders cannot cure the deficiency through unilateral deposit and must pay both deficit duty and penalty at a fixed rate, fundamentally reshaping enforcement practice for arbitration practitioners across India.
    IndiaLitigation, Mediation & Arbitration
    AZB & Partners
    AZB & Partners
  • Article

    Between The Lines - July 2024

    In the matter of United India Insurance Company Limited v. M/s. Hyundai Engineering and Construction Company Limited and Others [Civil Appeal No. 1496 of 2023]...
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Delay In Filing An Appeal From An Order Of The NCLT Beyond The Period Of 90 Days Cannot Be Condoned – Supreme Court

    The Supreme Court discussed the provisions of Sections 421 and 433 of the Companies Act, 2013 which provide for filing of appeals from the orders of the National Company Law Tribunal (NCLT) within a period of 45 days with a further grace period of 45 days.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    High Court Appointing Arbitrator Under Section 11(6) Is Not A "Court" Under Section 42; Jurisdiction For Section 34 Challenges Lies With The Principal Civil Court: Himachal Pradesh High Court

    The Himachal Pradesh High Court in Chief General Manager, H.P. Telecom Circle v. Kashmir Singh [2025:HHC:305] addressed a important jurisdictional issue concerning the appropriate Court for filing objections under Section 34 of the Arbitration and Conciliation Act, 1996 ("A&C Act").
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    "Loss Of Profit" And "Loss Of Profitability" – The Standard Of Proof And Need For Distinction

    Loss of profit and loss of profitability are two distinct concepts. The Hon'ble Delhi High Court in Ajay Kalra v. DDA1, while observing the frequent...
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    SC: Scope Of Interference Of Courts While Appointing Arbitrators Limited To Determining Existence Of Arbitration Agreement

    On 10 October 2017, the Supreme Court of India in the matter of Duro Felguera, S.A. v. Gangavaram Port Limited has upheld the legislative policy and purpose to minimize the Court's intervention at the stage of appointing an arbitrator...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Seat vs Venue In Arbitration: When Geography Does Not Determine Jurisdiction

    In the world of arbitration, few distinctions are as doctrinally significant, yet as frequently misunderstood, as the difference between the “seat” and the “venue” of arbitration.
    IndiaLitigation, Mediation & Arbitration
    AZB & Partners
    AZB & Partners
  • Article

    The Infinite Loop Of Negotiations – What Does NCLAT Judgement In Reliance Capital Mean For The Negotiation Process?

    The Indian insolvency regime places immense faith in the commercial wisdom of the lenders while deciding on the resolution of the insolvency process.
    IndiaLitigation, Mediation & Arbitration
    SD Partners
    SD Partners
  • Article

    The Supreme Court Of India And Delhi High Court Clarify The Scope Of CCI's Jurisdiction

    The Supreme Court of India and Delhi High Court by way of separate orders dated June 15, 2023 and June 2, 2023, respectively, have thrown light on the interpretation and scope of an ‘enterprise' under...
    IndiaLitigation, Mediation & Arbitration
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Venture-Satyam Dispute Referred To Larger Bench Due To Differing Opinions

    The Division Bench of the Supreme Court of India differed in their ruling on the applicability of the confessional statement given by Mr Ramalinga Raju in the arbitration proceedings between Venture and Satyam.
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    A Stay Order Granted In Any Proceedings Would Not Automatically Stand Vacated On The Expiry Of A Particular Period Until And Unless An Application To That Effect Was Filed By The Other Side And Was Decided Following The Principles Of Natural Justice By A Speaking Order

    By an order dated 1st December 2023, a three Judge Bench of the Apex Court expressed a view that a decision of the Apex Court in the case of Asian Resurfacing of Road Agency Private Limited and Anr. vs. Central Bureau of Investigation required reconsideration by a larger Bench.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Reciprocating Territory And Superior Court In The Indian Civil Procedurs Code

    The Ministry of Law and Justice of India has passed a notification on 17 January 2020 in the official Gazette of India declaring United Arab Emirates to be a reciprocating territory...
    IndiaLitigation, Mediation & Arbitration
    STA Law Firm
    STA Law Firm
  • Article

    Seat And Venue Of Arbitration: Which One Binds?

    In arbitration, when two parties fall into a dispute, they go back to their agreement. That agreement usually names a place where the arbitration will happen. Sometimes it names two places, one where the proceedings...
    IndiaLitigation, Mediation & Arbitration
    Kochhar & Co.
    Kochhar & Co.
  • Article

    Supreme Court Elucidates Registration Act: Production Of Original Copy Of Power Of Attorney Not Mandatory For Sale & Registration Of Property

    The Hon'ble Supreme Court in its recent judgment has clarified the interpretation of the Registration Act, 1908 ("Reg Act") in terms of production of original Power of Attorney ("PoA") to facilitate sale of property.
    IndiaLitigation, Mediation & Arbitration
    Legacy Law Offices
    Legacy Law Offices
  • Showing 421–440 of 662 results

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