Articles
30th Aug, 2014
Disputes cannot be referred to an Arbitrator when there are serious allegations of fraud #indianlaws
Section 8 of the Arbitration and Conciliation Act, 1996 (Act) provides for powers of the judicial authority/ Court to refer parties to arbitration where there is an agreement to this effect. There are number of […]
30th Aug, 2014
The Commission observed that in deciding the remedies its primary objective is to correct the distortions in the aftermarket, to provide corrective measures to make the market more competitive, to eradicate practices having foreclosure effects […]
30th Aug, 2014
By the present judgment, the Bombay High Court drawn a distinction or rather clarified that cheques payable at par if gets dishonored, the complaint filed against commission of such offence punishable under Section 138 of […]
30th Aug, 2014
If the accused shows that in his account there were sufficient funds to clear the amount of the cheque at the time of presentation of the cheque for encashment at the drawer bank and that […]
30th Aug, 2014
In considering objections to the Award passed by an Arbitrator, the Court is not justified in reappraising the material on record and substituting its own view in place of Arbitrator’s view.
21st Aug, 2014
There are three conditions for application of second part of section 45 of the Insurance Act, namely, (a) The statement must be on a material matter or must suppress facts which it was material to […]
21st Aug, 2014
Any order which substantially affects the rights of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court […]
21st Aug, 2014
The subsequent purchaser cannot challenge the acquisition proceedings and that he would be only entitled to get the compensation.The provisions of the beneficial legislation cannot be permitted to be misused to the undue advantage of […]
21st Aug, 2014
Counsel appearing for a party is fully competent to put his signature to the terms of any compromise upon which a decree can be passed in proper compliance with the provisions of Order XXIII Rule […]
21st Aug, 2014
Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue
21st Aug, 2014
Even if the arbitration agreement specifically provides for any particular qualification(s) of an arbitrator the same would not denude the power of the Court acting under Section 11(6), in an appropriate case to depart therefrom.
21st Aug, 2014
High Court should consider the provisions of condonation of delay inserted as proviso to clause (b) of Section 142 of the NI Act before dismissing the complaint being barred by limitation