Case Analysis

18th Oct, 2018

High Court does not enjoy Appellate or Supervisory jurisdiction in adjudicating objections to Arbitration Award

A contract was granted for installation of power cables to M/s L S Cables (LSC). The contract granting company was M/s Power Grid Corporation (PGC). The agreement was signed between the parties on 22nd May, […]
18th Oct, 2018

‘Association’ referred under Section 2(1)(f)(iii) of The Arbitration and Conciliation Act would include a Consortium of Companies, one of which being a Foreign Company

The Supreme Court while holding that an ‘association’ referred to in the definition of International Commercial Arbitration under Section 2(1)(f)(iii) of the Arbitration and Conciliation Act, 1996, would include a consortium consisting of two or […]
18th Oct, 2018

Territorial jurisdiction for instituting proceeding before NCLT will be as per the registered office of the corporate debtor.

The Ld. National Company Law Appellant Tribunal while interpreting Sub-section (1) of Section 60 of the Insolvency and Bankruptcy Code, 2016 (I&B Code 2016), held that NCLT where the registered office of the corporate debtor […]
17th Oct, 2018

Arbitration agreement can be retrospectively applicable if the conduct of parties indicate that they continued to do business on similar terms

This was held by the Hon’ble High Court of New Delhi in the matter of Connaught Plaza Restaurants Pvt. Ltd. v. Radhakrishna Foodland Pvt. Ltd., OMP(I)(COMM) No. 103 of 2018, on 17th September, 2018. Challenge: […]
16th Oct, 2018

In absence of any urgency, matter cannot be referred to a Commissioner for recording of evidence without the consent of parties

This was held by the Hon’ble High Court of New Delhi in the matter of Savita Devi v. Lalit Kumar, CM (M) No. 1203 of 2018, on 3rd October, 2018. Challenge: The Petitioner/wife impugns order […]
15th Oct, 2018

Benefit of Section 17 of the Limitation Act is not applicable to proceedings under Section 34 of Arbitration Act. The period of limitation under Section 34(3) of the Arbitration Act is inviolable

The Supreme Court has held that delay in filing of objection cannot be justified on the grounds of Section 17 of the Limitation Act by taking a defence of fraud having been played on the […]
13th Oct, 2018

Cheque Bounce Complaint filed by Power of Attorney Maintainable in Law

The Apex Court in a recent decision has reiterated that a complaint under Section 138 of the Negotiable Instruments Act filed by a Power of Attorney holder would be maintainable in law. This was held […]
12th Oct, 2018

A claim for negligence against a doctor can succeed when it is proved that either he does not possess requisite skill which he professed to have possessed, or, he did not exercise such skill with reasonable competence

In a complaint based on alleged negligent acts of a surgeon, the apex court held that a surgeon or a doctor cannot and does not guarantee that the result of surgery would invariably be beneficial, […]
11th Oct, 2018

An application by Operational Creditor can be made either in individual capacity or joint capacity.

The Ld. National Company Law Appellant Tribunal further observed that where workmen/employees are ‘Operational Creditors’, the application may be made either by an ‘Operational Creditor’ in an individual capacity or as a joint capacity by […]
9th Oct, 2018

In commercial suits, summary judgment can be passed without recording evidence

This was held by the Hon’ble High Court at Delhi in the matter Sandisk LLC & Anr v. Memory World, CS (COMM) No. 659/2018 on 12th September, 2018. Challenge In a suit for permanent injunction […]
8th Oct, 2018

In motor accidents claim parents are entitled to be awarded loss of consortium under the head of filial consortium.

The Supreme Court has observed that in a case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium and the is […]
3rd Oct, 2018

An unregistered mortgage deed is inadmissible in evidence however it is valid proof of possession in a claim for adverse possession

The Apex Court held that the though an unregistered mortgage deed is not admissible as a document of title however, the same could be relied on for collateral purposes such as a proof of possession […]