Arbitration Weekly Round-Up [25th November To 1st December, 2024]
1 month, 1 week ago

Arbitration Weekly Round-Up [25th November To 1st December, 2024]

Live Law  

Supreme Court S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court Case Title: M/S AJAY PROTECH PVT. 34078 of 2023 The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against an entity when the privity of contract is absent between Delhi High Court Case Title: Aktivortho Private Limited Versus Dilbagh Singh Sachdeva And Other Citation: 2024 LiveLaw 1282 The Delhi High Court bench of Justices Vibhu Bakhru and Tara Vitasta Ganju affirmed that Courts should not customarily interfere with Arbitral Awards that are well reasoned, and contain a plausible view.Judges, by nature, may incline towards using a corrective lens, however, under Section 34 of the Arbitration Act, this corrective lens is inappropriate especially under Section 37 of the Arbitration Act. Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court Case Title: Omaxe Ltd v. Micro and Small Enterprises Facilitation Council Citation: 2024 LiveLaw 1297 The Delhi High Court bench of Justice Sanjeev Narula, while hearing a writ petition challenging an arbitral award passed by the Micro and Small Enterprises Facilitation Council, has held that invoking the writ jurisdiction to challenge an arbitral award would circumvent the statutory requirement of pre-deposit u/s 19 of the MSMED Act, and would amount to defeating the legislative intent. Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court Case Title: Union Of India versus Besco Limited Citation: 2024 LiveLaw 1303 The Delhi High Court bench of Ms. Justice Rekha Palli and Mr. Justice Saurabh Banerjee has affirmed that just because the appellant is government that doesn't mean that a special treatment will be given while condoning the delay in filing the appeal under section 37 of the Arbitration Act. Punjab and Haryana High Court Case Title: Apollo International Limited v. Man Structurals Private Limited Case Reference:CR-5996-2024 The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that executing court under section 36 of the Arbitration Act can direct the award debtor to deposit the decretal amount in the court registry till the disposal of the petition under section 34 of the Arbitration Act.

Justice High Court Arbitration Court Title Patent Illegality 2024 Held Act Bench Himachal Pradesh Award Ltd Delhi High Telangana High Court Case Title Section 37 Of Section 34 Of Sufficient Cause Effective Dispute Resolution  justice  court  held  25th  act  weekly  roundup  award  delhi  high  2024  bench  1st  arbitration  title

History of this topic

Supreme Court Sets Aside Awards Of Over Rs 46 Lakhs Passed Against UP Govt In Sham Arbitration Proceedings
1 day, 17 hours ago

Supreme Court Sets Aside Awards Of Over Rs 46 Lakhs Passed Against UP Govt In Sham Arbitration Proceedings

Live Law  

The Supreme Court on Thursday set aside two ex-parte arbitration awards on grounds of fraud played by the litigant who appointed sole arbitrators and conducted 'sham' arbitration proceedings in a service dispute against U.P. Referring to the peculiar facts of the case, the Court held : "It is apparent that the arbitration proceedings were a mere sham and a fraud …

Calcutta High Court Annual Digest: Part-II [Citations: 100-199]
2 days, 2 hours ago

Calcutta High Court Annual Digest: Part-II [Citations: 100-199]

Live Law  

Constitution Of Arbitral Tribunal Is Not A Bar On A Party's Right To Approach Section 9 Court For Implementation Of Its Order: Calcutta High Court Case Title: RKD Niraj JV & Ors v. Union of India & Ors, WPO No. Law Doesn't Discriminate Between Individual Women, Couples Seeking IVF; No Requirement For Sperm/Oocyte To Come From Couple Themselves: Calcutta HC …

No Bar To Avail Remedy U/S 9 Of Arbitration Act Even Against Non-Parties To Subject Matter Of Dispute: Delhi High Court
3 days, 21 hours ago

No Bar To Avail Remedy U/S 9 Of Arbitration Act Even Against Non-Parties To Subject Matter Of Dispute: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that the Plaintiffs are not barred from availing the remedy under Section 9 of the Arbitration and Conciliation Act, 1996 even against individual/entities who are not party to the Family Settlement out of which the dispute arose. The application for ad interim injunction was held to be not …

Madhya Pradesh High Court Annual Digest Part II : Citations 134-338
4 days, 2 hours ago

Madhya Pradesh High Court Annual Digest Part II : Citations 134-338

Live Law  

Citations: 2024 LiveLaw 134 to 2024 LiveLaw 338 Married Woman Cannot Prosecute Accused For Rape On False Promise To Marry, Her Consent Not Based On Misconception: MP High Court Case Title: Abhishek Arjariya Vs. Music Band Training Optional For Police Constables, Can't Send Them For Band Practice Without Written Consent: MP High Court Case Title: Pankaj Shukla And Others Versus …

While Deciding Petition U/S 9 Of Arbitration Act, Court Cannot Ignore Basic Principles Of CPC: Andhra Pradesh HC
4 days, 23 hours ago

While Deciding Petition U/S 9 Of Arbitration Act, Court Cannot Ignore Basic Principles Of CPC: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court bench of Justices Ninala Jayasurya and Nayapathy Vijay observed that in deciding a petition under Section 9 of the Arbitration Act, the Court cannot ignore the basic principles of the CPC. In exercise of its powers to grant interim relief under Section 9 of the Arbitration Act, the Court is not strictly bound by the …

Supreme Court Weekly Round-up: December 30, 2024 To January 05, 2025
5 days ago

Supreme Court Weekly Round-up: December 30, 2024 To January 05, 2025

Live Law  

Index Citations Union of India & Ors. Case Details: Shri Mukund Bhavan Trust and Ors v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle and Another, Arising out of SLP No.18977 of 2016) Citation: 2024 LiveLaw 1041 The Supreme Court set aside an order passed by the High Court of Bombay dated April 26, 2016. The bench comprising Justice Dipankar Datta …

Supreme Court Quashes Cheating Case Against Goa MLA Jit Vinayak Arolkar
5 days, 3 hours ago

Supreme Court Quashes Cheating Case Against Goa MLA Jit Vinayak Arolkar

Live Law  

The Supreme Court on Monday quashed a cheating case against Goa MLA Jit Vinayak Arolkar concerning alleged lang grabbing and fraudulent sale of property by Arolkar A bench of Justice Abhay Oka and Justice Ujjal Bhuyan allowed the appeal filed by Arolkar against Bombay High Court's decision to dismiss a petition filed by Arolkar seeking the quashing of the cheating …

Supreme Court Monthly Round-up: December 2024
Top News
1 week ago

Supreme Court Monthly Round-up: December 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that “the notification whereby, a buttondar knife having blade dimensions …

Supreme Court Monthly Round-up: December 2024
Top News
1 week ago

Supreme Court Monthly Round-up: December 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that “the notification whereby, a buttondar knife having blade dimensions …

Award Passed On Consent Cannot Be Held To Be Patently Illegal Or Contrary To Public Policy: Himachal Pradesh HC
1 week, 1 day ago

Award Passed On Consent Cannot Be Held To Be Patently Illegal Or Contrary To Public Policy: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Justices Tarlok Singh Chauhan and Satyen Vaidya held that the award being primarily based on consent cannot also be held to be patently illegal or in conflict with the public policy of India. Brief Facts The present appeal has been preferred by the appellant under Section 37 of the Arbitration and Conciliation Act, …

Delhi High Court Annual Digest 2024: Part II [Citations 401 - 800]
1 week, 1 day ago

Delhi High Court Annual Digest 2024: Part II [Citations 401 - 800]

Live Law  

Justice Amit Mahajan said that sextortion not only undermines individual dignity but also poses serious challenges to law enforcement due to its “clandestine and cross-jurisdictional nature.” The Delhi High Court has observed that 'sextortion' is a significant social menace which represents a profound violation of privacy. Departmental Enquiry Cannot Be Dispensed With Based On Presumption That Accused Police Personnel Would …

Arbitration Cases Annual Digest 2024
1 week, 2 days ago

Arbitration Cases Annual Digest 2024

Live Law  

Supreme Court Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act Case Title: B.D. High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 …

Arbitration Cases Weekly Round Up [23rd December-29th December 2024]
1 week, 5 days ago

Arbitration Cases Weekly Round Up [23rd December-29th December 2024]

Live Law  

High Courts Calcutta High Court Case Title: Smt. Delhi High Court Restraining Party From Participating In Any Tender Process U/S 9 of Arbitration Act Will Actually Thwart Competition: Delhi High Court Case Title: LAS GROUND FORCE PRIVATE LIMITED & ANR. v. GOLDAIR HANDLING SA Citation: 2024 LiveLaw 1374 The Delhi High Court Bench of Chief Justice Subramonium Prasad has held …

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute
1 week, 5 days ago

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has observed that it is no longer res integra that while dealing with the objections under Section 34, a court does not sit in appeal over the arbitral award. The court observed that under Section 35, an award can be set aside only if the petitioner establishes that the parties …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 22 - December 29, 2024
1 week, 5 days ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 22 - December 29, 2024

Live Law  

Nominal Index: National Insurance Company Vs Lateef Ahmad Kohli & Ors 2024 LiveLaw 347 JAMKASH VEHICLEADS KASHMIR PVT LIMITED & ANR Vs. M/S WUERTH INDIA PVT. LTD. & ANR 2024 LiveLaw 348 Rakesh Kumar Mahajan Vs Sidharth Wazir and others 2024 LiveLaw 349 Aaqib Rashid Sofi Vs Chairman, Jammu and Kashmir Grameen Bank and others 2024 LiveLaw 350 Imran Rashid …

Madras High Court Annual Digest 2024 [Part I]
2 weeks ago

Madras High Court Annual Digest 2024 [Part I]

Live Law  

Citations: 2024 LiveLaw 1 to 2024 LiveLaw 250 REPORTS Madras High Court Issues Compendium Of Procedure To Be Followed By Advisory Board Constituted Under TN Preventive Detention Act Case Title: Ganeshkumar v The Principal Secretary to Government Citation: 2024 LiveLaw 1 The Madras High Court recently issued a compendium of procedures to be followed by the Advisory Board under the …

100 Important Supreme Court Judgments- Part 3 [51 to 75]
2 weeks, 1 day ago

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Live Law  

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

Karnataka High Court Annual Digest 2024 [Part I]
2 weeks, 2 days ago

Karnataka High Court Annual Digest 2024 [Part I]

Live Law  

Citation No: 2024 LiveLaw 1 to Citation No: 2024 LiveLaw 260 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. A division bench of Chief Justice Prasanna B Varale and …

Reference Application U/S 8 Of Arbitration Act Should Be Filed Within 120 Days From Date Of Service Of Summons: Karnataka High Court
2 weeks, 2 days ago

Reference Application U/S 8 Of Arbitration Act Should Be Filed Within 120 Days From Date Of Service Of Summons: Karnataka High Court

Live Law  

The Karnataka High Court Bench of Justice Hemant Chandangoudar has held that a reference application under Section 8 of the Arbitration and Conciliation Act, 1996, should have been filed within a period of 120 days from the date of service of summons to the defendant, which was long passed before 20.03.2019. Thus, where the reference application under Section 8 of …

Arbitration Act: Important Judgments By Supreme Court In 2024
2 weeks, 3 days ago

Arbitration Act: Important Judgments By Supreme Court In 2024

Live Law  

As the year 2024 nears its end, LiveLaw brings to you a summary of important Supreme Court judgments of the year rendered in connection with the Arbitration and Conciliation Act, 1996. High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case: Chief Engineer PWD v. M/s BSC …

Arbitration Act: Important Judgments By Supreme Court In 2024
2 weeks, 3 days ago

Arbitration Act: Important Judgments By Supreme Court In 2024

Live Law  

As the year 2024 nears its end, LiveLaw brings to you a summary of important Supreme Court judgments of the year rendered in connection with the Arbitration and Conciliation Act, 1996. High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case: Chief Engineer PWD v. M/s BSC …

Court In Exercise Of Supervisory Jurisdiction Shall Not Interfere With Arbitral Award, Limited Scope Of Interference: Rajasthan High Court
2 weeks, 4 days ago

Court In Exercise Of Supervisory Jurisdiction Shall Not Interfere With Arbitral Award, Limited Scope Of Interference: Rajasthan High Court

Live Law  

The Rajasthan High Court Bench of Justice Shree Chandrashekhar and Dr. Justice Nupur Bhati held that it is a well settled law that the interpretation of the clause of Agreement by the Arbitrator shall not be open to judicial interference unless it is demonstrated before the Court that the interpretation put by the Arbitral Tribunal was perverse. Additionally, the court …

Supreme Court Weekly Round-up: December 16, 2024 To December 22, 2024
2 weeks, 4 days ago

Supreme Court Weekly Round-up: December 16, 2024 To December 22, 2024

Live Law  

Index Citations New India Assurance Co. Ltd. v. Velu & Anr. The court reduced the death sentence of the accused to a sentence of imprisonment for 25 years as “the present is not a case where it can be said that the possibility of reformation is completely ruled out.” Case Details: Ayub Khan v. State of Rajasthan Citation: 2024 LiveLaw …

Gujarat High Court Monthly Digest: November 2024
3 weeks ago

Gujarat High Court Monthly Digest: November 2024

Live Law  

Citations 2024 LiveLaw 165 to LiveLaw 180 Nominal Index IPCL Employee Association vs Reliance Industries Ltd. 2024 LiveLaw 165 Shailesh Anilkumar Amin & Anr. 2024 LiveLaw 180 Cash Canteen Subsidy Qualifies As Cash Value Of Food Concession And Is Included In Dearness Allowance: Gujarat High Court Case Title: IPCL Employee Association vs Reliance Industries Ltd. Case Citation: 2024 LiveLaw 165 …

Delhi High Court Monthly Digest: November 2024 [Citations 1193 - 1304]
3 weeks, 1 day ago

Delhi High Court Monthly Digest: November 2024 [Citations 1193 - 1304]

Live Law  

Citations 2024 LiveLaw 1193 to 2024 LiveLaw 1304NOMINAL INDEXHARI OM SHARMA v. SAUMAN KUMAR CHATTERJEE & ANR 2024 LiveLaw 1193Jeewraj Singh Shekhawat vs. UOI & Ors 2024 LiveLaw 1194MATTHEW JOHNSON DARA v. HINDUSTAN URVARAK AND RASAYAN LTD 2024 LiveLaw 1195MOHD. SATYA PAL GUPTA 2024 LiveLaw 1304 Ban Imposed U/S 69 Of Partnership Act Has No Application To Arbitral Proceedings: Delhi …

If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC
3 weeks, 2 days ago

If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC

Live Law  

The Delhi High Court Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela held that the scope of examination in an application under Section 8 of the Act is limited to prima facie examining the validity and existence of the arbitration agreement. Once it is accepted that a valid arbitration agreement exists between the parties, the court …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 weeks, 3 days ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

Arbitration Weekly Round Up [9th December To 15th December 2024]
3 weeks, 3 days ago

Arbitration Weekly Round Up [9th December To 15th December 2024]

Live Law  

Supreme Court Case : Kirpal Singh Vs Government Of India Citation : 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case Title: Avtar Krishan Suri V/s The Estate Manager, J&K Small Scale Industries Development Corporation Ltd. Citation: 2024 LiveLaw 336 The Jammu & …

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court
3 weeks, 5 days ago

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Justices Smt. Rajani Dubey and Shri Bibhu Datta Guru has held that findings of the Arbitrator cannot be scrutinised under section 34 of the Arbitration Act as if the court is sitting in appeal. The appellant submitted that the Commercial Court ought not to have interfered with the findings of the fact with respect …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 9 - December 15, 2024
3 weeks, 5 days ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 9 - December 15, 2024

Live Law  

Nominal Index: Anand Vs Union of India 2024 LiveLaw 330 Shakeel Mohd Vs UT Of J&K 2024 LiveLaw 331 M/s Mir Sons Constructions Pvt. Ltd Vs. Union Territory of J&K 2024 LiveLaw 332 Govind Ram Vs Vidhya Devi 2024 LiveLaw 333 Pawan Singh Rathore Vs Devinder Singh Katoch 2024 LiveLaw 334 Shabnam Soodan Vs Seema Gupta 2024 LiveLaw 335 Avtar …

Dispute Related To Infringement Of Copyright Is Arbitrable, Arbitrator Can Be Appointed U/S 11 Of Arbitration Act: Orissa High Court
3 weeks, 6 days ago

Dispute Related To Infringement Of Copyright Is Arbitrable, Arbitrator Can Be Appointed U/S 11 Of Arbitration Act: Orissa High Court

Live Law  

The Orissa High Court bench of Chief Justice Chakradhari Sharan Singh has held that dispute related to infringement of copyright is arbitrable for which arbitrator can be appointed by the court under section 11 of the Arbitration Act. Brief Facts The present application has been filed under section 11 of the Arbitration Act, seeking appointment of an Arbitrator to resolve …

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court
4 weeks, 1 day ago

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court

Live Law  

The Gujarat High Court bench of Justice Divyesh A. Joshi has held that mere existence of arbitration clause in the agreement does not bar jurisdiction of the civil court automatically. Courts generally construe the provisions strictly when jurisdiction of the civil courts is claimed to be excluded.” It further observed that in ITI Ltd. vs. Siemens Public Communications Network Ltd.,, …

Court At Designated Seat Would Have Exclusive Jurisdiction To Entertain Applications Arising Out Of Arbitration: Chhattisgarh HC
1 month ago

Court At Designated Seat Would Have Exclusive Jurisdiction To Entertain Applications Arising Out Of Arbitration: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court bench of Justices Shri Sanjay K. Agrawal and Shri Radhakishan Agrawal has held that court having supervisory jurisdiction over seat designated in the Arbitration Agreement would have exclusive jurisdiction to entertain all applications arising out of the arbitration proceedings. Brief Facts The present appeal has been filed under section 37 of the Arbitration Act against an …

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court
1 month ago

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the issue of validity of arbitration agreement more particularly in respect of having essential elements of the arbitration agreement, can better be considered and decided on merits by the arbitration tribunal under section 16 of the Arbitration Act. They also submitted that Clause 22 of the NIB cannot …

Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court
Trending News
1 month ago

Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the court under section 11 of the Arbitration Act cannot enter into merits of subject matter of the disputes. It submitted that since the disputes/ differences have arisen between the parties, due to noncompliance of the collaboration agreement, which are arbitral in nature and an arbitration agreement incorporated …

Himachal Pradesh High Court Weekly Roundup: December 2 - December 8 2024
1 month ago

Himachal Pradesh High Court Weekly Roundup: December 2 - December 8 2024

Live Law  

Nominal Index: National Highways Authority of India vs. Devi Ram & Others 2024 LiveLaw 78 Engineer-in-Chief & Ors. Versus Dev Raj 2024 LiveLaw 79 Suresh Kumar Vs State of H.P 2024 LiveLaw 80 Ashok Thakur v. State of Himachal Pradesh and Anr 2024 LiveLaw 81 Chaudhary Sarwan Kumar Versus Himachal Pradesh Farmers' Forum 2024 LiveLaw 82 Judgments/Orders: Himachal Pradesh High …

Arbitration Weekly Round-Up [ 2nd December To 8th December, 2024]
1 month ago

Arbitration Weekly Round-Up [ 2nd December To 8th December, 2024]

Live Law  

High Courts Allahabad High Court Case Title: Anoop Maheshwari v. Thomas T. Kurian While entertaining a revision petition related to a tenancy agreement, the Allahabad High Court has held that a clause for arbitration cannot be invoked for any disputes that arise after the contract has come to an end. Bombay High Court Case Title: Bks Galaxy Realtors LLP v. …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
1 month ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court
1 month ago

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court

Live Law  

The Jammu & Kashmir And Ladakh High Court bench of Justice Tashi Rabstan has held that the petition under section 11 of the Arbitration Act cannot be entertained after lapse of 3 years from the date of cause of action having arisen. In the present case, the cause of action to file the petition under Section 11 of the Act, …

Madras High Court Weekly Round-Up: December 2 to December 8, 2024
1 month ago

Madras High Court Weekly Round-Up: December 2 to December 8, 2024

Live Law  

Citations: 2024 LiveLaw 465 To 2024 LiveLaw 475 NOMINAL INDEX Chandru and Others v. State, 2024 LiveLaw 465 R Thamaraiselvan v. Government of India, 2024 LiveLaw 466 Sathish and Another v Food Safety Officer, 2024 LiveLaw 467 Sri Venkateshwaraa Medical College Hospital and Research Centre v The National Medical Commission, 2024 LiveLaw 468 Mohamed Asaruthin v State of Tamil Nadu, …

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court
1 month ago

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2 of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. However, certain Sections of the Act, like S.2 which is the definition section, form the basic structure …

Delhi High Court Appoints Sole Arbitrator In Gas Supply Dispute, Invalidates Previous Arbitration Clause In View Of CORE Judgment
1 month ago

Delhi High Court Appoints Sole Arbitrator In Gas Supply Dispute, Invalidates Previous Arbitration Clause In View Of CORE Judgment

Live Law  

The Delhi High Court bench of Justice Sachin Datta has observed that the arbitration agreement which contemplated the appointment of the sole Arbitrator to be made out of a panel of three persons chosen by the petitioner was no longer valid in view of the judgment of the Supreme Court in Central Organisation for Railway Electrification Vs. ECI SPIC SMO …

Two Arbitration Petitions For Same Relief Cannot Be Filed: Chhattisgarh High Court
1 month ago

Two Arbitration Petitions For Same Relief Cannot Be Filed: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Chief Justice Mr. Ramesh Sinha has held that two arbitration petitions for the same relief cannot be filed. The members of the applicant Society are the lessees of the respondent, a registered private Company and all the individual members have entered into lease agreement for transfer of individual shop. It also submitted that despite …

Interest On Awarded Amount Cannot Exceed Rate Of 6% As Provided U/S 30(7) Of J&K Arbitration Act: High Court
1 month, 1 week ago

Interest On Awarded Amount Cannot Exceed Rate Of 6% As Provided U/S 30(7) Of J&K Arbitration Act: High Court

Live Law  

The Jammu & Kashmir And Ladakh High Court bench of Justice M A Chowdhary has held that section 30 of the Jammu and Kashmir Arbitration Act, 1997 which was amended in 2010 is retrospective in nature. It was further submitted that Section 31 of the J&K Arbitration and Conciliation Act, 1997 provided for grant of interest by the arbitrator for …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
1 month, 1 week ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Arbitration Monthly Digest: November, 2024
1 month, 1 week ago

Arbitration Monthly Digest: November, 2024

Live Law  

Supreme Court Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court Case Title: International Seaport Dredging Pvt Ltd Versus Kamarajar Port Limited, Case Number- Civil Appeal No 12097 of 2024 Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the …

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement
Trending News
1 month, 1 week ago

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Observation of the court: The court held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Then, the court held that since the existence …

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court
1 month, 1 week ago

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Ms. Justice Rekha Palli and Mr. Justice Saurabh Banerjee has affirmed that just because the appellant is government that doesn't mean that a special treatment will be given while condoning the delay in filing the appeal under section 37 of the Arbitration Act. That In M/s Jaitely Construction Co. v. Union of India the …

Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court
1 month, 2 weeks ago

Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sanjeev Narula, while hearing a writ petition challenging an arbitral award passed by the Micro and Small Enterprises Facilitation Council, has held that invoking the writ jurisdiction to challenge an arbitral award would circumvent the statutory requirement of pre-deposit u/s 19 of the MSMED Act, and would amount to defeating the legislative intent. …

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