Mondaq India: Litigation, Mediation & Arbitration
Vaish Associates Advocates
An interesting feature of the Indian legal system is the existence of voluntary agencies called Lok Adalats (Peoples' Courts).
Vaish Associates Advocates
The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction includes any dispute between the Centre and State(s) or between States as well as matters concerning enforcement of fundamental rights of individuals.
Vaish Associates Advocates
The flow chart is indicative & for general guidance only.
Dhir & Dhir Associates
The right to travel abroad has been recognised as an integral right of every Indian citizen. It would not be out of place to mention that it has in fact been recognised as a fundamental right under Article 21 of the Constitution of India.
Clyde & Co
The Supreme Court of India while deciding the civil appeal in Alchemist Asset Reconstruction Company Limited Vs. M/s Hotel Gaudavan Private Limited & Ors, Civil Appeal number 16929...
Singh & Associates
‘Witness may lie but the documents do not.' The production of documentary evidence holds major importance towards the outcome of any commercial dispute.
Singh & Associates
A divisional bench of Hon'ble Delhi High Court headed by Chief Justice Gita Mittal and Justice Anu Mehrotra recently delivered a landmark judgment and held that Compoundable Offences...
Singh & Associates
The Hon'ble Supreme Court recently in Srei Infrastructure Finance Limited v. Tuff Drilling Private Limited, Civil Appeal No. 15036 of 2017 held that the arbitral tribunal has power to recall its order terminating...
Nishith Desai Associates
opines that a foreign-seated arbitration between two Indian parties would attract Part II of the Act, and the resultant award would be a "foreign award";
Khaitan & Co
The Division Bench of the Supreme Court of India differed in their ruling on the applicability of the confessional statement given by Mr Ramalinga Raju in the arbitration proceedings between Venture and Satyam.
Clyde & Co
Clyde & Co and Clasis Law secure a landmark judgment for Doosan India from the Delhi High Court sending GMR Energy Limited back to SIAC ...
Dhir & Dhir Associates
The object of introducing Section 138 in the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act") is to enhance the acceptability of cheques in the settlement of liabilities.
Singhania & Partners LLP, Solicitors and Advocates
The National Judicial Appointments Commission Act, 2014 ("NJAC Act") has been notified in the official gazette on the 13th of April, 2014.
Nishith Desai Associates
Bhatia International v Bulk Trading S.A. Bhatia International v Bulk Trading (2002) 4 SCC 105 (not reported by Lexis Nexis® UK), entailed that Part I of the Arbitration and Conciliation Act, 1996 will apply to all arbitrations....
Khaitan & Co
The Supreme Court, which is the Apex Court of India, recently ruled on whether Section 5 of the Limitation Act, 1963 could be invoked to seek a condonation of delay in filing an appeal before the Debt Recovery Tribunal...
Khaitan & Co
On 10 October 2017, the Supreme Court of India in the matter of Duro Felguera, S.A. v. Gangavaram Port Limited has upheld the legislative policy and purpose to minimize the Court's intervention at the stage of appointing an arbitrator...
S.S. Rana & Co. Advocates
In today's world, numerous commercial transactions take place in a routine fashion. With the passage of time we have evolved from barter system in the ancient age to a uniform mode of currency
Nishith Desai Associates
The Supreme Court of India ("Supreme Court") has upheld the ruling of the Delhi High Court in DIT v. E-Funds IT Solution1 (our Hotline on the ruling of the Delhi High Court is available here).
Vaish Associates Advocates
The Supreme Court of India in the case of Aravali Power Company Private Limited vs. M/s. Era Infra Engineering Limited (decided on September 12, 2017) held that if the appointed arbitrator is an employee of one party ...
Dhaval Vussonji & Associates
Therefore, if a winding up order is made then it is in fact likely that all debts of the debtor creditor will have to take a serious haircut to maintain even a possibility of repayment.
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Luthra & Luthra Law Offices
The recent order by the Hon'ble Supreme Court in Amit Sibal v. Arvind Kejriwal , has again brought to the forefront, the short but extremely important question as to :
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Khaitan & Co
The Bangalore bench of the Income-tax Appellate Tribunal has held that payments made by Google India to Google Ireland in the form of fees for rights of distribution and marketing of Google Ireland's ‘Adwords Program' to advertisers in India were in the nature of ‘royalty'.
Vaish Associates Advocates
The normal law relating to the Burden of Proof and its onus is given under the provisions of the Indian Evidence Act, 1872.
Dhir & Dhir Associates
The moratorium in terms of Insolvency and Bankruptcy Code, 2016 (‘IBC') means a period wherein no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can be instituted or continued against the Corporate Debtor.
Singh & Associates
In order to protect the customers from the situation arising out of unequal bargaining power, the Legislature has tried to provide an additional remedy under Section 3 of the Consumer Protection Act.
Khaitan & Co
The Securities and Exchange Board of India seems to have adopted a rather strict and literal rule of interpretation to deny the exemption from making an open offer applicable to indirect acquisitions pursuant to schemes of arrangement.
Nishith Desai Associates
opines that a foreign-seated arbitration between two Indian parties would attract Part II of the Act, and the resultant award would be a "foreign award";
Clyde & Co
Clyde & Co and Clasis Law secure a landmark judgment for Doosan India from the Delhi High Court sending GMR Energy Limited back to SIAC ...
Shardul Amarchand Mangaldas & Co
The Court in the last part of this judgement noted that the court in Anvar has not applied the principle of prospective ruling.
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