Articles

31st Aug, 2021

Section 9 Arbitration Act shall be applicable to Foreign Arbitration unless expressly excluded by Parties in Arbitration Agreement.

In the matter of Medima LLC v. Balasore Alloys Limited in AP/267/2021 decided by the Calcutta High Court on 03.08.2021. BACKGROUND OF THE CASE: The petitioner had been awarded an amount of price USD […]

28th Aug, 2021

Counsel’s failure to argue grounds in written submission cannot be the basis for review.

In an significant order in the case of Priya Communication v. Tata Capital (REVIEW PETITION (L) NO. 5868 OF 2021), the Bombay High Court has held that the failure of the counsel in pressing the […]

28th Aug, 2021

What constitutes a ‘Commercial Dispute’ under the Commercial Courts Act, 2015

In the matter of Ladymoon Towers Private Limited v. Mahendra Investment Advisors Private Limited (CS 99/2020) decided by the Hon’ble Calcutta High Court on 13.08.2021 FACTS: The petitioner had moved the instant plea seeking […]

27th Aug, 2021

THE RIGHT TO BE FORGOTTEN – REDACTION OF NAMES FROM JUDICIAL ORDERS NOT PERMISSIBLE IN THE ABSENCE OF STATUTORY PROVISIONS

Introduction: In a significant judgment, in the case of Karthich Theodore v. The Registrar General, Madras High Court and Ors. [W.P.(MD) No.12015 of 2021], the Madras High Court has held that the right to be […]

26th Aug, 2021

In settlement of insurance claims, the surveyor report is not final and conclusive.

In the matter of National Insurance Company Ltd. vs. M/s. Hareshwar Enterprises (P) Ltd. & Ors. [Civil Appeal No. 7033 of 2009] decided by the Supreme Court on 18.08.2021. Facts: The factory premises of Respondent […]

20th Aug, 2021

Clearing cloud over jurisdiction of court in entertaining petitions under Sections 9, 11 and 34 of Arbitration and Conciliation Act, 1996

Determination of jurisdiction of a court in entertaining petitions under Sections 9, 11 and 34 of Arbitration and Conciliation Act, 1996 (Act), in respect of domestic arbitration to say the least, is confusing. It gets […]

11th Aug, 2021

There exists no distinction on the basis of nature of employment whether it is temporary/ad-hoc/ permanent employee and as such all employees are entitled to payment of gratuity

In the matter of Janardan Sharma vs. GNCTD in W.P. (C)11154/2019 decided on 03.08.2021 by the Delhi High Court. Facts: Petitioner herein was a vocational part-time teacher in a Govt. School, under the GNCT of […]

11th Aug, 2021

An application filed under O6R17 can be considered on merits before disposal of application under O12R6, as the case is still at an intermediate stage, even when it is “reserved for orders” for application under O12R6.

In the matter of M/s BDR Developers Pvt. Ltd. Vs. Narsingh Shah, CM(M) 412/2020 alongwith four other similar matter, decided by Delhi High Court on 03.08.2021. Background of the case- The Petitioner/Plaintiff claimed to be […]

28th Jul, 2021

Letter of intent is not a binding contract unless such an intention is evident from its terms

In the matter of South Eastern Coalfields Limited vs M/s S. Kumar Asoociates AKM (JV) (LL 2021 SC 325) decided by the Supreme Court of India on 23.06.2021 FACTS: The appellants, a government company […]

28th Jul, 2021

Personal information having no relation to any public activity, public interest cannot be disclosed under RTI Act

In the matter of Har Kishan vs President Secretariat & Anr. (LPA 90/2021) decided on 26.07.2021 in the Delhi High Court. FACTS: The plea was filed by one Har Kishan, who was seeking information […]

21st Jul, 2021

Clarifications, enquiries and preliminary due diligence exercise have to be sought from the available official sources before posting tweets against public figures

In the matter of Lakshmi Murdeshwar Puri Vs Saket Gokhale in I.A. 7944/2021 in CS OS No. 300/2021 decided on 13.07.2021 FACTS: The plaintiff in this matter is a decorated retired member of the Indian […]

21st Jul, 2021

It is beyond the scope of Section 11 of the Arbitration and Conciliation Act, 1996 to decide contentious issues regarding the disputes between the parties

In the matter of Jyoti Sarup Mittal. vs. The Executive Engineer -XXIII, South Delhi Municipal Corporation in ARB. P. No. 275/2021 decided on 12.07.2021 by the Delhi High Court. Facts: The Petitioner, a government contractor […]

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