Case Analysis

16th May, 2021

Existence of an arbitration clause does not debar the Court from entertaining a writ petition.

In the matter of Uttar Pradesh Power Transmission Corporation Ltd. and Anr Vs. CG Powe and Industrial Solutions Limited and Anr. in SLP (C) No. 8630/2020 decided on 12.05.2021 General Conditions of the composite contract […]

13th May, 2021

The claim of an arbitral award-holder can be frustrated on the approval of a Resolution Plan under Section 31 of IBC, 2016.

Sirpur Paper Mills Limited Vs. I.K. Merchants Pvt. Ltd. (A.P. 550/2008) decided on 07.05.2021 by Hon’ble Calcutta High Court. Facts of the case: The present matter deals with a petition u/s 34 of the Arbitration […]

11th May, 2021

Period of limitation for filing petition under Sec 11 Arbitration and Conciliation Act, 1996 is governed by Article 137 of the Limitation Act, 1963.

Bharat Sanchar Nigam Ltd. (BSNL) and Anr. v. Nortel Networks India Pvt. Ltd. decided on 10.03.2021 FACTS: In the instant matter, the respondent Nortel Networks India Pvt. Ltd. (Nortel) was awarded a purchase order for […]

10th Mar, 2021

Blank cheque leaf would attract presumption under Section 139 of the Negotiable Instruments Act, 1881

The Hon’ble Supreme Court held that even a blank cheque leaf, voluntarily signed and handed over by the Accused, which is towards some payment, would attract presumption under Section 139 of the Negotiable Instruments Act, […]

10th Mar, 2021

Statements which are defamatory in nature, made by spouse against the other spouse can amount to mental cruelty

The Hon’ble Supreme Court set aside the impugned of the High Court wherein the High Court had set aside the decree for dissolution of marriage passed by the Family Court. In Joydeep Majumdar vs. Bharti […]

11th Jan, 2021

Marital status of a daughter does not make any difference in law to her entitlement for seeking appointment on compassionate grounds

Marriage does not determine the continuance of the relationship of a child with the parent, whether son or a daughter. Son continues to be a son both before and after marriage and a daughter also […]

11th Jan, 2021

Landlord-tenant disputes are arbitrable as the Transfer of Property Act does not forbid or foreclose arbitration

The 3-judge bench of the Supreme Court in Vidya Drolia v. Durga Trading Corporation, 2020 SCC OnLine SC 1018, decided on 14.12.2020 overruled the ratio in Himangni Enterprises v. Kamaljeet Singh Ahluwalia wherein it was […]

2nd Dec, 2020

Challenge to Foreign Award u/s 34 is not maintainable

The Hon’ble Supreme Court on 26.11.2020 in the matter of Noy Vallesina Engineering Spa Vs. Jindal Drugs Limited & Ors (Civil Appeal No. 8607 Of 2010), while referring to a catena of judgments, held that […]

21st Nov, 2020

Section 9 petitions cannot be disposed of ex-parte, without giving notice to the respondent therein, especially when coercive orders are being passed.

The Delhi High Court on 09.11.2020 in the matter of New Morning Star Travels Vs. Volkswagen Finance Private Limited held that, “Section 9 petitions cannot be disposed of ex-parte, without giving notice to the respondent […]

16th Nov, 2020

Any clause in an agreement, that requires one of the contracting parties to make a deposit of amount as a precondition for invoking the arbitration, has to be seen as rendering the entire clause arbitrary, being not only excessive or disproportionate but leading to a wholly unjust situation in arbitration proceedings

Kerala High Court on 28.10.2020 in the matter of Lite Bite Foods Pvt. Ltd. Vs. Airports Authority Of India, reiterated the law declared by the Supreme Court in ICOMM Tele Ltd. v. Punjab State Water […]

9th Nov, 2020

Neither Section 14 nor Section 31 of the IB Code place any fetters on Banks/Financial Institutions from initiation and continuation of the proceedings against the guarantor for recovering their dues

A Division Bench of the Delhi High Court on 02.11.2020 in the matter of Kiran Gupta Vs. State Bank of India & Anr., referred to the judgment of Hon’ble Apex Court in the matter of […]

20th Oct, 2020

Right of pre-emption is a very weak right and is only exercisable for the first time when the cause of such a right arises.

Hon’ble Supreme Court in the matter of Raghunath (D) By Lrs. Vs. Radha Mohan (D) Thr. Lrs & Ors on 13.10.2020 held that the right of pre-emption is a very weak right and is only […]

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