Articles

4th Jun, 2021

An award of compound interest to one of the parties cannot be a ground to set aside an arbitral award under Section 34(2) of the Arbitration and Conciliation Act, 1996.

In the matter of Steel Authority of India Limited v M/S Jaldhi Overseas PTE Ltd. O.M.P. (COMM.) 168/2021 & IA Nos. 6068/2021 & 6070/2021 decided on 28.05.2021 by the Delhi High Court. FACTS- The disputes […]

3rd Jun, 2021

Central Vista Avenue redevelopment work is in consonance with the curfew restrictions orders of the Delhi Disaster Management Authority

In the matter of Anya Malhotra & Anr. vs. Union of India & Ors., W.P.(C) No. 5150/ 2021 decided on 31.05.2021 by the Delhi High Court. Facts: The Petitioner preferred a PIL seeking suspension of […]

3rd Jun, 2021

Limitation Act 1963 and not Customs Act 1962 will determine the period of limitation for a suit for malicious prosecution.

In the matter of Directorate of Revenue Intelligence & Ors. Vs. Pushpa L. Tolani decided by the Hon’ble Delhi High Court on 27.05.2021 Facts of the case- The custom authorities seized gold/diamond jewellery worth approx. […]

2nd Jun, 2021

The fact that a party contractually undertook a complete restraint to carry on her professional practice upon herself, does not make the restraint clause reasonable and is thus, hit by Section 27 of the Contract Act

In the matter of Arvind Medicare Private Limited vs. Dr. Neeru Mehra, FAO (COMM) No. 12/ 2021 decided on 21.05.2021 by the Delhi High Court Facts: The Respondent, a doctor was engaged by the appellant/ […]

1st Jun, 2021

Judicial approach of Courts towards tax legislations during extraordinary times

In the matter of Gurcharan Singh Vs. Ministry of Finance (Department of Revenue), Government of India in Writ Petition (Civil) No. 5149/ 2021 decided on 21.05.2021 by the Delhi High Court. Facts: The Petitioner challenged […]

31st May, 2021

Reduced intervention of Court in Medical Termination of Pregnancy by MTP (Amendment) Act, 2021

Reduced intervention of Court in Medical Termination of Pregnancy by MTP (Amendment) Act, 2021 Back in 2009, a full bench judgment of the Supreme Court of India held that a woman’s right to make reproductive […]

28th May, 2021

Principles governing grant of anti-suit injunctions

In the matter of RAAJ UNOCAL Lubricants Ltd. Vs. Apple Energy Pvt. Ltd. & Anr. decided by the Hon’ble Delhi High Court on 25.05.2021 Facts of the case- Plaintiff had been established in technical collaboration […]

28th May, 2021

Corporate insolvency can be initiated against a guarantor who is a corporate debtor when the principal borrower, regardless of him not being a corporate person, has committed default in payment.

In the matter of Laxmi Pat Surana Vs. Union Bank of India & Anr. in Civil Appeal No. 2734 of 2020, decided by the Hon’ble Supreme Court on 26.03.2021 Facts of the case- Respondent No.1 […]

26th May, 2021

Resolution plan does not ipso facto discharge a personal guarantor (of a corporate debtor) of her or his liabilities under the contract of guarantee

In the matter of Lalit Kumar Jain. Vs. Union of India & Ors. in Transferred Case (Civil) No. 245/ 2020 decided on 21.05.2021 by the Supreme Court. Facts: The vires of the following notification dated […]

24th May, 2021

The denial of love and affection to a child by alienating the child from the other parent amounts to mental cruelty.

In Mat. Appeal No. 523/2019 decided on 18.05.2021 by Hon’ble Kerela High Court. Facts of the case- The marriage was solemnized between the parties on 27.12.2009 and only after a few weeks, marital disputes developed […]

22nd May, 2021

Courts have limited scope of judicial review in economic policy matters which is ordinarily in the domain and purview of the Government unless the economic policy decision is patently arbitrary, mala fide and /or violative of law, statute and Constitution of India

Small Scale Industrial Manufacturers Association (Regd.) Vs Union of India& Ors. decided on 23.03.2021 by the Hon’ble Supreme Court FACTS: The present writ petition was preferred under Article 32 of the Constitution of India by […]

21st May, 2021

Only those disputes which existed on the date of reference to arbitration are within the scope of such arbitration and not any subsequent dispute

In the matter of Raghuvir Buildcon Pvt. Ltd. Vs. Ircon International Limited in Arb. A. (Comm) 15/2021 decided on 18.05.2021 by the Delhi High Court. Facts: After disputes arose between the parties, the respondent threatened […]

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