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Searching Content indexed under Litigation, Mediation & Arbitration by Phoenix Legal ordered by Published Date Descending.
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1
Reliance Life Insurance Co Ltd & Anr v. Rekhaben Nareshbhai Rathod
The District Commission dismissed the complaint filed by the Respondent on the ground of the aforesaid non-disclosure.
India
26 Jun 2019
2
Oriental Insurance Company v. Mahendra Construction
A complaint was instituted before the SDRC which allowed the claim of the Insured.
India
26 Jun 2019
3
The Supreme Court Decision - Unstamped Arbitration Agreement Cannot Be Acted Upon
The Supreme Court of India in its recent judgment, Garware Walls Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd. in Civil Appeal no. 3631/ 2019, arising out of SLP(C) 9213/ 2018, pronounced on April 10, 2019, ...
India
16 May 2019
4
Speedy Resolution Of Commercial Disputes
Determined to bring about a positive change in the international perception about the Indian justice delivery system by creating an environment for swift disposal of commercial disputes...
India
2 Mar 2018
5
Applicability Of The Limitation Act, 1963 To The Insolvency And Bankruptcy Code, 2016
The Insolvency and Bankruptcy Code, 2016 (Code) was enacted for a time bound insolvency resolution process with the primary aim of rehabilitating financially distressed entities...
India
2 Jan 2018
6
Google Adwords Payments Are Taxable – Recent Tax Tribunal Ruling: Impact On The Digital World
Technological innovation and internet growth have highly affected trade relations, production processes and products, as well as the company organization.
India
8 Dec 2017
7
Dichotomy In Opinions Of NCLT Benches – Meaning Of "Dispute" Under The Code
Recent judgments passed by different benches of the NCLT across the country have given rise to fresh controversies surrounding the interpretation of the provisions of the Insolvency and Bankruptcy Code, 2016.
India
10 Jul 2017
8
Section 29A Of The Indian Arbitration And Conciliation Act: Possibility Of Timebound Arbitration
One of the most significant legal changes made by the Indian legislature in recent years has been the introduction of the Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act).
India
9 Jun 2017
9
Interpretation Of The Provisions Of The Insolvency And Bankruptcy Code, 2016 (Code).
Before we proceed further, let us take a look at the relevant provisions of the Code:
India
8 Jun 2017
10
Prevention Of Money Laundering Act, 2002: Appellate Jurisdiction
The Act provides for separate provisions pertaining to attachment and confiscation of property; and a separate procedure for adjudging an offence under the Act.
India
4 May 2017
11
Towards A More Speedy Dispute System
Enforcement of contracts through an effective and speedy dispute resolution mechanism plays a significant role in determining the ease of doing business in any country.
India
16 Nov 2016
12
Litigation & Dispute Resolution 2016
The court may grant stay of the operation of such award; however subject to such conditions as it may deem fit.
India
16 Nov 2016
13
Supreme Court Clarifies Protection Of Sick Industrial Companies
In 1989 Madras Petrochem Ltd was declared a 'sick unit' by the BIFR in accordance with the Sick Industrial Companies (Special Provisions) Act.
India
3 May 2016
14
Company Court Cannot Interfere With Sale Of Secured Assets By A Secured Creditor
In Pegasus Assets Reconstruction P Ltd v M/s Haryana Concast Limited a division bench of the Supreme Court held that a company court cannot wield any control in respect of a sale of secured assets by a secured creditor.
India
18 Apr 2016
15
Stamp Duty On Security Documents In Favour Of Security Trustee: A Pandora's Box
The recent judgement of the Supreme Court on stamp duty on security documents executed in favour of the Security Trustee may have a more far-reaching impact on lending than one would expect.
India
20 Jan 2016
16
Indian Parties To A Foreign Arbitration – Madhya Pradesh HC Breaks New Ground
The rationale of the decision of the Madhya Pradesh High Court is based upon the landmark judgment of the Supreme Court of India in Bharat Aluminium Company vs. Kaiser Aluminium Technical Service Inc...
India
17 Nov 2015
17
Loans From NBFCs Have No Recourse Under The SARFAESI Act Says The Bombay High Court
The borrower (Respondent No. 4) originally availed a loan from Citi Financial Consumer Finance (Citi Financial), an NBFC, and mortgaged a flat with Citi Financial in order to secure repayment of the loan.
India
11 Nov 2015
18
National Company Law Tribunal – The One Stop Shop For All Company Related Disputes!
The constitutional validity of the NCLT and the NCLAT is an issue that was first tested before the Supreme Court of India in Union of India vs. R. Gandhi, President, Madras Bar Association (the 2010 Judgment).
India
16 Jul 2015
19
Nominee Shareholders Have No Right Of Inheritance Says The Bombay High Court
The Supreme Court of India has held a consistent view regarding the interplay between a nomination and the rights of a claimant under the laws of succession, intestate or otherwise.
India
23 Jun 2015
20
Arbitrations With The State: Time Is Of The Essence!
The dispute between the Union of India through the Indian Railways and the Respondent arose in relation to the performance of a contract for construction of a rail bridge across the River Ganga near Digha Ghat, Patna.
India
22 Jun 2015
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