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  • Article

    The Supreme Court Announces The End Of Its Covid-19 Related Extension Of Limitation Periods: Suo Motu Writ Petition (Civil) No 3 Of 2020

    On 8 March 2021, the Supreme Court issued its final order. It said that the extension had served its purpose and should come to an end
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Foreign Investment In The Insurance Sector - Amendments To The FDI Policy

    Following shortly after the issuance of the Insurance Companies (Foreign Investment) Rules 2015 (Rules) on February 19 2015, ..
    IndiaInsurance
    Tuli & Co
    Tuli & Co
  • Article

    An Order Of The Tribunal Passed Pursuant To The Matter Being Remitted Back To It By The Court Is Not A Fresh Award: (UEM India PVT Ltd V ONGC Ltd)

    The Delhi High Court has held that an order passed by an arbitral tribunal pursuant to the matter being remitted back to it cannot be treated as a fresh arbitral award...
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Order Determining Substantive Rights Of The Parties Can Be Challenged Under §34 Of The Arbitration And Conciliation Act 1996

    Aptec entered into a contract with the Ministry of Defence for the supply of mountaineering boots for the defence forces. The Ministry received the goods and after inspecting them, it made a payment on account to Aptec.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Preinstitution Mediation Is Mandatory, Even For Counterclaims, Under The Commecial Courts Act 2015: Aditya Birla Fashion & Retail Ltd v Mrs Saroj Tandon

    The Delhi High Court has held that pre-institution mediation under §12A of the Commercial Courts Act 2015 is mandatory for counterclaims, just as it is for an original suit.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Upholding The Discharge Voucher: Further Judicial Support For The Full And Final Settlement Of Claims

    Following our report last month of the Supreme Court decision in Genus Power, we now report a further welcome judgment on the sanctity of discharge vouchers/settlement agreements.
    IndiaInsurance
    Tuli & Co
    Tuli & Co
  • Article

    The Supreme Court Announces The End Of Its Covid-19 Related Extension To Limitation Periods: M.A. No 665 Of 2021 In Suo Motu Writ Petition (Civil) No 3 Of 2020

    In March 2020, the Supreme Court took suo motu cognizance of the prejudicial impact of the Covid-19 restrictions on compliance with limitation periods, and this led to Suo Motu Writ Petition (Civil) No 3 of 2020.
    IndiaCoronavirus (COVID-19)
    Tuli & Co
    Tuli & Co
  • Article

    Restrictions On E-Retailers - Government Tightens Norms

    To sum up, the Press Note appears to be another step by the law makers in the direction of creating a level playing field for sellers on on-line market places.
    IndiaGovernment, Public Sector
    Tuli & Co
    Tuli & Co
  • Article

    A Matter Of Emphasis - The Regulatory Focus Shifts To Loss Adjusters

    Loss adjusters, or "surveyors" as they are known in the Indian market, are the subject of the latest Circular issued by the Indian insurance industry regulator, the Insurance Regulatory & Development Authority (IRDA).
    IndiaInsurance
    Tuli & Co
    Tuli & Co
  • Article

    Supreme Court Renews Its Covid-19 Related Extension To Periods Of Limitation: Suo Motu Writ Petition (Civil) No 3 Of 2020)

    In March 2020, the Supreme Court took suo motu cognizance of the impact of the Covid-19 restrictions on compliance with limitation periods, and this led to Suo Motu Writ Petition (Civil) No 3 of 2020.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Reasoning In Arbitral Awards & Challenges To The Award: Hindustan Petroleum Corp Ltd V. Banu Constructions & Anr*

    A Division Bench of the Madras High Court has set out the duties of a Single Judge considering the validity of an unreasoned arbitral award following a challenge to the award under §34 of the...
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    The Treatment Of Unfair Contract Terms Under The Consumer Protection Act 1986: IREO Grace Realtech Private Limited v. Abhishek Khanna & Ors [Civil Appeal No 5785 Of 2019]

    The Supreme Court of India has confirmed that the consumer fora has the power under the Consumer Protection Act 1986 to set aside one-sided terms in contracts...
    IndiaConsumer Protection
    Tuli & Co
    Tuli & Co
  • Article

    Prevention Of Sexual Harassment At Workplace: Registration Of Internal Complaints Committee

    Under §23 of the Act, the Central and State Governments are both empowered to monitor the implementation of the Act.
    IndiaEmployment and HR
    Tuli & Co
    Tuli & Co
  • Article

    Proposal For Mandatory Insurance To Be Taken On Deposits

    The Ministry of Corporate Affairs (MCA) has recently issued draft rules for the acceptance of deposits by companies.
    IndiaInsurance
    Tuli & Co
    Tuli & Co
  • Article

    Enforcement Of An Arbitral Award Should Be As Per §42 Of The Arbitration And Conciliation Act 1996: (India Media Services Pvt Ltd v SBPL Infrastructure Ltd)

    The Telangana High Court has held that the enforcement of an arbitral award should be as per §42 of the Arbitration and Conciliation Act 1996, which provides that when any application is made before a court...
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Expedited Enforcement Proceedings: Rahul S Shah v Jinendra Kumar Gandhi & Ors

    Noting the difficulties that can be faced in enforcing judgments, the Supreme Court has issued directions for enforcement proceedings to be expedited.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Mandate Of An Arbitrator Can Be Extended Even After Termination Of Mandate

    The Calcutta High Court held that the Court is empowered to extend an arbitrator's mandate even if the application for an extension under §29A of the Arbitration Act 1996 is filed after the arbitrator's mandate has expired.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Personal Flight Refunds Don't Fly As Commercial Disputes: Chand Mehra v British Airways PLC*

    Seeking a refund for cancellation of a flight for personal travel? The Delhi High Court says that commercial courts are not the right forum.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    COVID-19 And Limitation: Arbitration & Conciliation Act 1996 And Other Statutes

    On 23 March 2020, the Supreme Court of India extended the limitation period for all 'proceedings' with effect from 15 March 2020 until further orders.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Postal Service Is Now Hague Convention Compliant: Charuvila Philippose Sundaran Pillai v P N Sivadasan

    A Full Bench of the Kerala High Court has said that Indian litigants can serve judicial proceedings on foreign defendants by post, thereby easing the process of cross border litigation.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co

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