Case Analysis

19th Apr, 2018

Commercial dispute above the specified value will be entertained by a Commercial Court even in cases where relief is not susceptible to monetary value.

In a recent judgment, the Bombay High Court reiterated that in terms of Section 10, Section 12 and Section 2(i) coupled with Section 15(2) of the of the Commercial Courts Act, where the subject matter […]
19th Apr, 2018

An Umpire under the Arbitration Act 1940 need only to review the evidence and submissions on points of disagreement between the Arbitrators.

The Hon’ble Apex court held that Article 4 of Schedule 1 of the Arbitration Act 1940 clearly states that when the Umpire enters upon a Reference, the Arbitrators become functus officio. The Umpire takes upon […]
14th Apr, 2018

Defamatory allegations against office of Chief Minister to constitute an offence should have reasonable connection with the discharge of public duties of Chief Minister.

In a landmark judgment on law relating to Defamation, the Supreme Court, closed criminal proceedings against chief spokesperson of Indian National Congress for having made defamatory allegations against the Chief Minister. The reason for closure […]
13th Apr, 2018

Plaint cannot be returned under Order VII Rule 10 if Defendant waives pleas objecting to the Territorial Jurisdiction

In a recent judgment, the Delhi High Court, held that a party can institute the suit only at the place of its registered office and not at its branch office, if no cause of action […]
12th Apr, 2018

Divorce Decree under Mutual Consent is appealable

The Allahabad High Court has held that Divorce decree by consent is also appealable if the consent is disputed and is alleged to be not free & bonafide in the absence of inquiry by court. […]
9th Apr, 2018

Appellate Court must discuss Pleadings and Evidence in its Judgment.

In a recent judgment, the Delhi High Court, under its power of superintendence under Article 227 of the Constitution of India, 1949, ruled that it is mandatory upon the appellate Court to independently weigh the […]
7th Apr, 2018

Stay of proceedings ordinarily not to be granted beyond six months

The Supreme Court in a landmark case has directed that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry […]
7th Apr, 2018

Trial court can’t order accused to undergo life term beyond 14 years without chance for remission

The Delhi High Court has said the trial court cannot order an accused to undergo life imprisonment for a certain number of years beyond 14 years without being considered for remission. In the matter of […]
6th Apr, 2018

The Arbitration and Conciliation (Amendment) Act, 2015 is prospective in nature

In a recent judgment, the Apex Court ruled that the Arbitration and Conciliation (Amendment) Act, 2015 will be applicable in those arbitral proceedings that have commenced under Section 21 of the Arbitration and Conciliation Act, […]
5th Apr, 2018

Arbitration Agreement referring to disputes between “partners” would include disputes involving legal representatives of a deceased partner

In a recent judgment the Delhi High Court pronounced that merely because the arbitration agreement refers to the disputes between ‘partners’, the same cannot debar or take away the right of enforcement of such an […]
5th Apr, 2018

Plea of lack of jurisdiction of Arbitral Tribunal can be raised under Section 34 of the Arbitration and Conciliation Act for the first time even if not raised earlier under Section 16 in the statement of defence.

In a recent judgment, the Apex Court ruled that an objection as to jurisdiction of the arbitral tribunal can be raised in a petition under Section 34 for the first time even if omitted to […]
4th Apr, 2018

Limitation period commences for the party making an application for setting aside Arbitration Award from the date of signed copy of the Award being delivered to it.

In a recent judgment, the Supreme Court ruled and reiterated that limitation period prescribed under Section 34(3) of the Arbitration and Conciliation Act would commence only from the date of the signed copy of the […]