Case Analysis

13th Jan, 2023

Dues under MSMED Act will not prevail over SARFAESI Proceedings

In the case of Kotak Mahindra Bank Ltd. v Girnar Corrugators Pvt Ltd decided by Hon’ble Supreme Court on 05.01.2023. FACTS The present appeal is preferred by Kotak Mahindra Bank ltd against the Judgment dated […]

13th Jan, 2023

Complainant putting date on cheque without drawer’s consent renders instrument void

In the matter of M/s. Pinak Bharat and Company v. Anil Ramrao Naik (Criminal Appeal Nos. 1630 and 1631 of 2011) decided on 22.12.2022 by the Hon’ble Bombay High Court. FACTS: The appellant is […]

9th Jan, 2023

Failure of defendant to file written statement within prescribed time would not ipso facto and by itself justify invocation, of Order VIII Rule 10 to decree the suit without further process.

In Kleenoil Filtration India Pvt. Ltd vs. Udit Khatri & Ors., CS (COMM) 72/2022, decided by the Hon’ble Delhi High Court on 05.01.2023 The Hon’ble Court in the aforesaid matter came across the question as […]

21st Dec, 2022

When a relief is only incidental to the relief of partition, no separate court fees needs to be paid on the incidental relief

In the case of Shampa Ghosh v Alok Kumar Dey (2022/DHC/005053) decided by Hon’ble Delhi High Court on 23.11.2022. FACTS: The present suit was filed on behalf of the Plaintiff seeking reliefs of partitions, permanent […]

15th Nov, 2022

Purpose of acquisition of land – an essential factor for determining market value

The Hon’ble Supreme Court vide its judgment dated 09.11.2022 in “S. Shankaraiah through GPA holder & Ors. vs. The land acquisition officer & Revenue Divisional officer Peddapali, Karimnagar Dist. & Ors.” had the occasion of […]

15th Nov, 2022

Institution of an Arbitration proceedings without authority is not a curable defect.

In the matter of Sushma Arya and Ors Vs. Palmview Overseas Ltd. and Ors., Comm. Arbitration petition (L) No. 25249 of 2022, decided by Hon’ble Bombay High Court on 01.11.2022 Facts of the case- When […]

15th Nov, 2022

Subsequent Agreements prescribing Arbitration do not bind parties when MOU forming basis of claim does not contain Arbitration clause

In the matter of M/s Soben Contract and Commercial Ltd. Versus M/s Qonquests Technical Solutions Pvt. Ltd. and others (FAO COM 3/2021) decided on 04.11.2022 by the Hon’ble Punjab and Haryana High Court. FACTS: […]

7th Nov, 2022

Issue of arbitrability to be decided by the arbitrator

The Hon’ble Supreme Court vide its judgment dated 04.11.2022 in “VGP Marine Kingdom Pvt. Ltd. & Anr. v. Kay Ellen Arnold” had the occasion of dealing with whether courts should delve into the question of […]

7th Nov, 2022

Election Petition can be amended after expiration of limitation period if the amendments as sought to be pleaded have foundation in the original petition.

In the case of Yendapalli Srinivasulu Reddy Vs. Vemireddy Pattabhirami Reddy & Ors., Civil Appeal No. 7951 of 2022, decided by Hon’ble Supreme Court of India on 19.10.2022. Facts of the Case- The Petitioner filed […]

7th Nov, 2022

Notice stating right to initiate Arbitration not a valid notice under Section 21 of Arbitration and Conciliation Act, 1996.

The Delhi High Court has ruled that a notice issued by a party merely stating its right to initiate arbitral proceedings which it would subsequently initiate if the payment was not made by the opposite […]

20th May, 2022

Mere pendency of the insolvency petition u/s 9 of the IBC is no bar for appointment of arbitrator in terms of section 11 of the Arbitration Act.

In the matter of Millennium Education Foundation Vs. Educomp Infrastructure and School Management Limited, Arb. P. 326/2022, decided by the Hon’ble Delhi High Court on 13.05.2022 Facts of the case- A demand notice was issued […]

20th May, 2022

Writ Petition under Art. 227 of the Indian Constitution is maintainable against the orders passed by the NCDRC in its appellate jurisdiction.

In the matter of Ibrat Faizan Vs. Onmaxe Buildhome Private Limited, Civil Appela No. 3072 of 2022, decided by the Hon’ble Supreme Court of India on 13.05.2022. Brief Facts of the Case- The Appellant/original complainant […]

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