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  • Article

    Police Remand & Judicial Remand - Procedure & Criminal Law In India

    Article 22(2) of the constitution of India provides that any person arrested and detained in custody must be produced before the nearest magistrate within 24 hours of his arrest and no person can be detained beyond the period ...
    IndiaCriminal Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    No Right To ‘Personal Hearing’ Before Classification Of An Account As A ‘Fraud’ Account: Analysis Of The Judgment In State Bank Of India V. Amit Iron Private Limited & Ors.

    In the recent judgment in State Bank of India v. Amit Iron Private Limited & Ors. (“Judgment”), the Hon’ble Supreme Court of India (“Supreme Court”)...
    IndiaFinance and Banking
AZB & Partners
AZB & Partners
  • Article

    The Intellectual Property Appellate Board

    The establishment of the Intellectual Property Appellate Board (IPAB) marks the beginning of a new era in Intellectual Property Rights administration system in India. On September 15, 2003 the Trade Marks Act, 1999 was notified and the IPAB established. However, the IPAB became functional only in December, 2003 with the IPAB Rules being notified in the Gazette.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Courts Have Failed Arbitration: Arbitration Has Not Failed, Courts Have: Supreme Court Reaffirms Judicial Restraint And Finality In Arbitral Proceedings

    The Supreme Court of India delivered a scathing critique of judicial conduct in arbitration matters, examining a case where an arbitral award from 2014 remained unenforced for over a decade due to repeated court challenges.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Mandamus To The Regulatory Authority: A Judicial Reminder Of Mandatory Enforcement Obligations Under Section 40(2) Of The Real Estate Act, 2016

    The enactment of the Real Estate (Regulation and Development) Act, 2016 was conceived as a beneficial and self-contained legislative code designed to safeguard the interests of home buyers and ensure timely...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Powers Of Court Under Section 482, Code Of Criminal Procedure, 1973 To Quash Criminal Proceedings Of Non-Compoundable Offences

    The court observed that the High Court should examine whether there is a strong possibility of conviction or not.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Supreme Court: High Courts May Interfere Under Article 226/227 Only If The Arbitral Tribunal's Order Is Glaringly Perverse

    The Supreme Court of India ("Supreme Court"), vide its Judgement on January 3, 2025, in the case titled ‘Serosoft Solutions Private Limited vs. Dexter Capital Advisors Private Limited...
    IndiaLitigation, Mediation & Arbitration
    Argus Partners
    Argus Partners
  • Article

    Withdrawal Without Liberty: Supreme Court Rules On The Bar Against Fresh Section 11 Applications Under The Arbitration Act

    In HPCL Biofuels Ltd. v. Shahaji Bhanudas Bhad , the Supreme Court of India addressed critical issues concerning procedural discipline and the interplay between arbitration and insolvency proceedings.
    IndiaLitigation, Mediation & Arbitration
    Trinity Chambers
    Trinity Chambers
  • Article

    Role Of The National Courts In Supporting The Arbitral Process

    In the words of Professor Julian D M Lew QC, "National court involvement in international arbitration is a fact of life as prevalent as the weather.
    GlobalLitigation, Mediation & Arbitration
    RPV Legal
    RPV Legal
  • Article

    Arbitration And Conciliation (Amendment) Ordinance, 2015

    The President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2015 on October 23, 2015 amending the Arbitration and Conciliation Act, 1996.
    IndiaLitigation, Mediation & Arbitration
    DSK Legal
    DSK Legal
  • Article

    Scope Of Section 47 Of CPC In Execution Of Arbitral Awards

    The power of the Executing Court under Section 47 of the Civil Procedure Code, 1908 (‘CPC') is microscopic, to be used judiciously and not sparingly. Section 47 of CPC governs the scope of judicial intervention...
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    Supreme Court Reaffirms The Primacy Of Consumer Jurisdiction: Admitted Consumer Complaints Cannot Be Referred To Arbitration

    The Supreme Court of India has revisited the interplay between consumer protection legislation and arbitration law, examining whether consumer complaints can be referred to arbitration when an arbitration clause exists in the underlying agreement. This landmark judgment interprets the proviso to Section 12(4) of the Consumer Protection Act, 1986, establishing that once a consumer complaint is admitted, the statutory scheme prohibits its transfer to any other adjudicatory forum, including arbitral tribunals.
    IndiaLitigation, Mediation & Arbitration
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Supreme Court Rules That Section 50 Of The Arbitration & Conciliation Act, 1996, Can't Be Bypassed Through Recourse To Section 13(1) Of The Commercial Courts Act

    A Division Bench of the Hon'ble Supreme Court of India (Supreme Court), on 7 February 2018, in the matter of Kandla Export Corporation and Another vs. OCI Corporation and Another, held that Section 13 ...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    The Commercial Courts Act: Is It The Solution For Delayed Justice

    The Indian judicial system today is burdened with lakhs of pending cases, most of which are pending since long periods of time.
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    The Negotiable Instruments (Amendment) Ordinance, 2015 - Avoidable Confusion?

    Lately, there has been a lot of confusion on what the Territorial Jurisdiction would be in cases of complaints u/s 138 of the Negotiable Instruments Act, 1881.
    IndiaLitigation, Mediation & Arbitration
    Curare Legal
    Curare Legal
  • Article

    When A Filing Is No Filing: The Doctrine Of Non-Est Filings Under Section 34

    When a challenge to an arbitral award is filed within limitation but suffers from fundamental defects, can such defects be cured through re-filing after the limitation period expires? This analysis examines the judicial evolution of the non-est filing doctrine under Section 34 of the Arbitration and Conciliation Act, 1996, exploring how courts distinguish between curable procedural irregularities and fatal substantive defects that render a filing legally non-existent.
    IndiaLitigation, Mediation & Arbitration
    Hammurabi & Solomon Partners
    Hammurabi & Solomon Partners
  • Article

    Lifting Of Corporate Veil In Execution Proceedings

    The concept of a company's character and legal identity being separate and independent from its members and shareholders...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Misuse Of Section 498AA Of IPC- Allahabad HC Issues Guidelines

    Under Chapter XX-A, Section 498A of Indian Penal Code, any kind of violence or extortion against a woman by her husband or his relatives, is considered as "cruelty" towards her.
    IndiaCriminal Law
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Bombay High Court Reiterates: Rejection Of Plaint To Be Directed Due To Non-Compliance With Mandatory Mediation Procedure Under Section 12A Of The Commercial Courts Act, 2015

    In a recent judgement, passed by the Ld. Single Judge of the Hon'ble Bombay High Court ("HC") rejected the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 ("CPC")...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Decoding The Supreme Court Judgment On Stamping And Registration Of Sale Certificates: Legal Insights And Implications

    In a landmark ruling, the Supreme Court in State of Punjab & Anr. vs M/s Ferrous Alloy Forgings P Ltd. & Ors. (2024 INSC 890) clarified the legal status of sale certificates issued during court-ordered auctions.
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Showing 501–520 of 662 results

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