9868100045
9354017198
anjulegalconcepts@gmail.com
The Supreme Court, while restoring an arbitral award passed in 1997 which was set aside by the Trial Court and the High Court under the Indian...
NCRDC directed Developer to refund entire amount for failure to complete project alongwith 9% interest p.a.
In the present matter, the Complainant had booked an independent floor in the Developer’s housing project in 2011 and was assured possession...
Delhi HC: Non-consideration of a contract clause cannot be said to be opposed to the fundamental policy of Indian law
The Delhi High Court has held that non-consideration of a clause of a contract cannot be said to be an error made by the Arbitral Tribunal which is...
Calcutta HC: An optional remedy to arbitration cannot be held to be a valid arbitration agreement
The Calcutta HC has held that a clause in an agreement that merely provides the option to go for arbitration is not a valid arbitration agreement as...
Scope of Arbitration Clause in a Novated Contract
It has been held that if the parties have not entered into a new agreement (novated contract) and the preceding agreement has been expressly...
Delhi HC: Arbitration between co-operative society and member would be determined by S. 85(1) and not the Limitation Act
The Delhi High Court has held that arbitration between co-operative society and member would be determined by S. 85(1) and not the Limitation Act....
Calcutta HC lays light on the conundrum of the Sole Arbitrator
The Calcutta HC has held that all unilateral appointments of arbitrators are not invalid unless it falls under the Seventh Schedule. In the present...
Analysing the New Contours of Section 34, Arbitration and Conciliation Act, 1996
Section 34 of Arbitration and Conciliation Act deals with the court setting aside an arbitral award in exceptional cases and involves several...
Bombay HC: Arbitrator cannot apply principles of equity in absence of authorization of parties
The Bombay High Court has held that the Arbitrator cannot apply principles of equity in absence of authorization of parties. Moreover, it has also...
Calcutta HC: All Unilateral Appointments are not Invalid unless the Appointed Arbitrator Falls Within the 7th Schedule
Calcutta HC has held that all unilateral appointments of arbitrators are not invalid unless it falls under the Seventh Schedule. In the present...
The ad hoc Employee’s Claim for Permanency
The Delhi High Court has epitomized, yet again, that an employee is not entitled to seek permanency or regularization even if he had continued ad...
Delhi HC: Disclosure under Section 12 is mandatory and not just discretionary.
The Delhi High Court recently laid down a judgment which clarified many points on Section 12 of the Arbitration and Conciliation Act, 1996 (A &...
Delhi HC: Arbitration proceedings and proceedings under the SARFAESI Act, 2002 can go on simultaneously
The Delhi HC has reiterated that arbitration proceedings and proceedings under the Securitisation and Reconstruction of Financial Assets and...
SC: Execution Petitions must be disposed off within six months or reasons be recorded if unable to do so
The Supreme Court has re-iterated that Execution Petitions must be disposed off within six months. If courts are unable to do so, they must record...
SC holds that arbitrator has the discretion to award post-award interest on a part of the sum
The Supreme Court held that the arbitrator has the discretion to award post-award interest on a part of the sum. The issue was whether the...
Delhi HC holds that rewriting of a contract is impermissible in law, unless it is consensus ad idem.
The Delhi High Court in Calcom Cement India Ltd. v. Binod Kumar Bawri held the Arbitral Award to be patently illegal within Section 34(2A) of the...
Supreme Court: No bar to withdraw admitted CIRP Application before the constitution of the Committee of Creditors
In the present case, in order to expand it’s chemical manufacturing plant, the Corporate Debtor raised capital from Respondent no. 1 M/s Beacon...
SC holds that Government Authorities can be Secured Creditors under IBC
The Supreme Court in State Tax Officer v. Rainbow Papers Ltd. has held that the Committee of Creditors cannot secure it’s own dues at the cost of...
Maternity Benefits Act does not provide for time difference between the 1st and 2nd child for grant of maternity benefits: Allahabad HC
In the present matter, the petitioner is working as a lecturer in a college and her application for maternity leave was rejected on the ground that...
Delhi High Court elaborates on whether the arbitration clause can be superseded
The Delhi High Court in Srishti Infrastructure Development Corporation Ltd. v. Ircon International Ltd. held that an arbitration agreement in a...