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The Allahabad High Court had allowed the Writ Petition filed by CG Power an Industrial Solutions Ltd. against the order of Executive Engineer, Unnao, UPPCL regarding Labour Cess under the Building and Other Construction Workers’ Welfare Cess Act, 1996

The Kerala High Court held Section 164(2) (Disqualifications for Appointment of Director) and Section 167(1) (Vacation of Office of Director) of the Companies Act, 2013 are not ultra vires Article 14 or Article 19(1)(g) of the Constitution.

The Kerala High Court held Section 164(2) (Disqualifications for Appointment of Director) and Section 167(1) (Vacation of Office of Director) of the Companies Act, 2013 are not ultra vires Article 14 or Article 19(1)(g) of the Constitution.

The Allahabad High Court held that under the Contempt of Court Act, 1971, affecting of personal service on the alleged contemner is an essential requirement. It ruled that service on the contemnor through the official attached with him is a

The Allahabad High Court had allowed the Writ Petition filed by CG Power an Industrial Solutions Ltd. against the order of Executive Engineer, Unnao, UPPCL regarding Labour Cess under the Building and Other Construction Workers’ Welfare Cess Act, 1996

The Supreme Court has held that two companies incorporated in India can choose a forum for arbitration outside India. The question before the Court was: Whether or not two companies incorporated in India can choose a forum for arbitration outside

The Delhi High Court (HC) held that an arbitral tribunal ought to decide the objection under Section 16 of the Arbitration & Conciliation Act 1996 as soon as possible, as a preliminary ground. The Court observed, “The statute contemplates

The Supreme Court (SC) on has observed that mere recovery of currency notes is not sufficient to be considered as an offence under section 7 of the Prevention of Corruption Act (PCA). A bench of Justice Ashok Bhushan, Subash Reddy,

A Division Bench of the Madhya Pradesh High Court (HC), has said in a recent order that commercial matters involving Arbitration disputes can only be heard by commercial court of the status of district judge or additional district Judge. The

The High Court (HC) bench clarified that in a regular appeal it is open to the Court to embark on a fact-finding exercise, to re-read and re-appraise the evidence, to interpret the documents afresh, and to do all things de

It is best if the arbitral tribunal decides on the question of the existence of a valid arbitration agreement. When there is a doubt regarding the validity of an arbitration agreement, the Court must send the matter to the arbitral

In a recent case, the Supreme Court (SC) has observed that Section 12(5) of Arbitration and Conciliation Act r/w the Seventh Schedule, concerning ineligibility of a person to be appointed as an Arbitrator, is a non-derogable and mandatory provision of

The Supreme Court has ruled that powers under Articles 226/227 should be used sparingly by High Court (HC) when it comes to interfering with arbitral process. Such power should be exercised only in exceptional rarity, wherein one party is left

High Court's Power Under Article 226/227 To Interfere With Arbitration Process Needs To Be Exercised In Exceptional Rarity: Supreme Court (SC) The Supreme Court (SC) has observed that the power of the High Court (HC)

The Supreme Court (SC) has said tenant-landlord disputes under the Transfer of Property Act can be resolved through Arbitration instead of time-consuming and expensive litigation. The apex court held that arbitral tribunals have the power to decide such disputes under the

Supreme Court (SC) has observed, “…, we are of the considered opinion that the Arbitration Act, 1996 has accepted the territoriality principle which has been adopted in the UNCITRAL Model Law. Section 2(2) makes a declaration that Part I of

The Supreme Court (SC) has dismissed the special leave petition of a firm that wanted to skip the statutory Arbitration clause in a contract and approach the court directly instead

In Big Charter Pvt Ltd v. Ezen Aviation Ptv Ltd, the Delhi High Court (HC) was of the view that under Section 9 of Arbitration and Conciliation Act, 1996 (1996 Act) application of an arbitration proceedings in a foreign court

The Bench of Chief Justice Mohammad Raq was hearing an application led under Section 11(6) of the Arbitration and Conciliation Act, 1996 by the Petitioner- SJ Biz Solutions Pvt. Ltd. led an application (for short, ‘Act, 1996’) seeking appointment of

The National Company Law Appellate Tribunal (NCLAT) has said insolvency proceedings cannot be triggered on the basis of debt that has been converted into capital such as equity of a company. The appellate tribunal also said any investment cannot be