Article 136 intervention, supposed to be narrow-slit, hurting arbitral process now: Dhankhar

3 weeks, 4 days ago

Article 136 intervention, supposed to be narrow-slit, hurting arbitral process now: Dhankhar

The Hindu

Vice President Jagdeep Dhankhar on Saturday said the provision of special leave petition was supposed to be a "narrow-slit" but is now hurting the arbitral process due to its wide use. Addressing a conference on arbitration here, Mr. Dhankhar drew the attention towards the use of Article 136 and its impact on the arbitral process. Mr. Dhankhar said the "wall demolition" is also hurting arbitral process. Without naming Justice Chandrachud, he said the former CJI was referring to retired judges participation in the arbitral process.

Process Dhankhar Arbitral Commercial Arbitration special judge process experts arbitral article dhankhar supposed hurting 136 commercial arbitration leave narrowslit intervention

History of this topic

"Article 136 intervention, supposed to be a narrow-slit is hurting arbitral process:" VP Jagdeep Dhankhar

3 weeks, 4 days ago

"Article 136 intervention, supposed to be a narrow-slit is hurting arbitral process:" VP Jagdeep Dhankhar

Op India

Addressing the Colloquium organised by the India International Arbitration Centre at Bharat Mandapam on Saturday, Vice-President Jagdeep Dhankhar said that the arbitral process in India is “just an additional burden to the normal hierarchical mechanism of adjudication.” “Arbitrators play as much critical role as members of the bar associated with the arbiter process. It is not conventional adjudication as historically …

Law Commission Of India Suggests Uniformity,Independence In Appointments, Monitoring Of Tribunals By Nodal Agency [Read Report]

7 years, 4 months ago

Law Commission Of India Suggests Uniformity,Independence In Appointments, Monitoring Of Tribunals By Nodal Agency [Read Report]

Live Law

The Law Commission of India, in its 272nd report, has laid out a detailed step-by-step procedure for improving the working of the tribunal system in the country.The report titled "Assessment of Statutory Frameworks of Tribunals in India" has been prepared pursuant to the observations made by the Supreme Court in the case of Gujarat Urja Vikas Nigam Ltd. v. Essar …

Law Commission Of India Suggests Uniformity,Independence In Appointments, Monitoring Of Tribunals By Nodal Agency [Read Report]

7 years, 4 months ago

Law Commission Of India Suggests Uniformity,Independence In Appointments, Monitoring Of Tribunals By Nodal Agency [Read Report]

Live Law

The Law Commission of India, in its 272nd report, has laid out a detailed step-by-step procedure for improving the working of the tribunal system in the country.The report titled "Assessment of Statutory Frameworks of Tribunals in India" has been prepared pursuant to the observations made by the Supreme Court in the case of Gujarat Urja Vikas Nigam Ltd. v. Essar …

Discover Related

No provision for review of constitution amendment, says Dhankhar

1 day, 14 hours ago

No provision for review of constitution amendment, says Dhankhar

Hindustan Times

Rajya Sabha chairman Jagdeep Dhankhar on Tuesday said there is no constitutional provision for review or appeal of a constitutional amendment as he called an all-party meeting at 4.30pm to discuss judicial accountability against the backdrop of the cash discovery at Delhi high court judge Yashwant Varma’s official residence. “.This House, keeping dignity in mind, demonstrating dignified conduct, unanimously created …

Constitution Constitutional House Parliament Dhankhar Njac

Arbitrator's Mandate Can Be Extended If Non-Completion Of Proceedings In 12 Months Is Due To Delays Not Attributable To Petitioner: Himachal Pradesh HC

2 days, 14 hours ago

Arbitrator's Mandate Can Be Extended If Non-Completion Of Proceedings In 12 Months Is Due To Delays Not Attributable To Petitioner: Himachal Pradesh HC

Live Law

The Himachal Pradesh High Court bench of Justice Ranjan Sharma has held that the mandate of the Arbitrator can be extended under Section 29A of the Arbitration and Conciliation Act, 1996 if the arbitral proceedings are not completed within 12 months due to reasons not attributable to the petitioner, as failing to do so would cause grave prejudice to the …

Arbitration Court Parties Proceedings Mandate Months Himachal Pradesh

S. 148 NI Act | Condition Imposing 20% Deposit Of Compensation Must Not Be Unjust Or Deprive Right To Appeal: Allahabad High Court

3 days, 12 hours ago

S. 148 NI Act | Condition Imposing 20% Deposit Of Compensation Must Not Be Unjust Or Deprive Right To Appeal: Allahabad High Court

Live Law

The Allahabad High Court has reiterated that while passing an order imposing the condition of depositing 20% of the compensation amount under Section 148 of the Negotiable Instruments Act, the court has to consider that such a condition won't be unjust or would deprive the individual's right of appeal. State Industrial Development Corporation Ltd. and others and Muskan Enterprises and …

Court Act Condition 148 Passing Order

Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC

5 days, 5 hours ago

Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC

Live Law

The Delhi High Court bench of Justice Subramonium Prasad has held that the mandate of the Arbitrator can be terminated under Section 14 of the Arbitration and Conciliation Act, 1996 if the Arbitrator was appointed unilaterally, which is explicitly prohibited under Section 12 of the Arbitration Act unless the ineligibility is expressly waived through a written agreement. It also held …

Arbitration Court Participation Respondent Proceedings Act Appointment

Writ Petition Not Maintainable For Establishing New Rights In Contractual Disputes, But To Safeguard Rights Granted In Agreement: Allahabad HC

5 days, 11 hours ago

Writ Petition Not Maintainable For Establishing New Rights In Contractual Disputes, But To Safeguard Rights Granted In Agreement: Allahabad HC

Live Law

The Allahabad High Court has held that a writ petition in contractual disputes is maintainable if it has been filed to protect the rights which were created by the contract/ agreement. The bench of Justice Manoj Kumar Gupta and Justice Kshitij Shailendra relied on Rajasthan State Industrial Development and Investment Corporation and another Vs. Diamond & Gem Development Corporation Limited …

Law Contract Action Court Disputes Writ Contractual

Resolution against Waqf bill cleared by assembly

Trending News

6 days, 17 hours ago

Resolution against Waqf bill cleared by assembly

Hindustan Times

The state legislative assembly on Wednesday passed a resolution opposing the Centre’s proposed Waqf Bill, citing concerns over its impact on state autonomy and Waqf board administration, amid a walkout by the Opposition. Patil stated that the House unanimously rejected the Waqf Bill, 2024, as it was against the interests of the state’s people. In this context, this House unanimously …

Resolution Opposition State House Amendment Patil Bill

Supreme Court Weekly Digest March 2025 [March 10 - 16, 2025]

1 week ago

Supreme Court Weekly Digest March 2025 [March 10 - 16, 2025]

Live Law

Citations 2025 LiveLaw 298 to 2025 LiveLaw 310 Administrative Law Compliance with Court Orders - Delay and Obstination - Harassment of Daily Wage Workers - The Supreme Court dismissed a Special Leave Petition filed by the Union Territory, observing that the case presented a "glaring and textbook example of obstination" by state officials who took 16 years to comply with …

Pet Supreme Court High Court Court Bail Judicial Review State

Setting Aside Of Arbitral Award Leaves It Open To Parties To Choose To Arbitrate Again: Bombay High Court

1 week, 1 day ago

Setting Aside Of Arbitral Award Leaves It Open To Parties To Choose To Arbitrate Again: Bombay High Court

Live Law

The Bombay High Court Bench of Justice Somsekhar Sundaresan has observed that once an arbitral award has been set aside by the court in the exercise of its powers under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, the parties would be restored to the original position and a fresh arbitration in such circumstances would not amount …

Arbitration Judgment Bombay High Court Parties Act Award Hpcl

No S.138 NI Act Case Against Ex-Director Of Company When Cause Of Action Arose After IBC Moratorium Was Declared: Supreme Court

1 week, 1 day ago

No S.138 NI Act Case Against Ex-Director Of Company When Cause Of Action Arose After IBC Moratorium Was Declared: Supreme Court

Live Law

The Supreme Court held that if the cause of action for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 has arisen after the declaration of moratorium with respect to the company as per the Insolvency & Bankruptcy Code, 2016, then the proceedings under S.138 NI Act cannot be continued against the ex-director of the …

Action Corporate Court Case Cause Proceedings Act

Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC

1 week, 4 days ago

Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC

Live Law

The Kerala High Court stated that Writ Court shall not reappreciate evidence in disciplinary proceedings while exercising powers under Article 226 or 227 of the Constitution. The Court stated thus, “It is trite that in disciplinary proceedings, the High Court, in exercise of power under Article 226 or 227 of the Constitution of India, shall not venture into reappreciation of …

Disciplinary Proceedings Court Disciplinary Writ Proceedings Temple Appellant

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court

2 weeks ago

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law

The Delhi High Court bench of Justice Manoj Kumar Ohri has reiterated that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996, is limited to examining the prima facie existence of the arbitration agreement. It was further observed that if either party contests a prior settlement agreement, then such allegations cannot be looked into by …

Arbitration Court Settlement Conciliation Agreement Respondent Act

Byju’s US lender asks NCLAT to bar Aakash from amending articles of association

2 weeks, 1 day ago

Byju’s US lender asks NCLAT to bar Aakash from amending articles of association

Live Mint

Glas Trust Co. LLC, the US lender of bankrupt edtech firm Byju’s, has moved the National Company Law Appellate Tribunal with a fresh plea that seeks to prevent Byju’s subsidiary Aakash Educational Services from amending its articles of association for restructuring and fundraising. On Tuesday the NCLAT agreed to hear the plea, issued a notice to Aakash and Byju’s resolution …

Nclt Minority Shareholders Nclat Blackstone Glas Trust Amendments Chaudhry

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates

2 weeks, 1 day ago

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates

Live Law

The Telangana High Court has reiterated and clarified that suits initiated before Civil Courts to curb arbitration proceedings ignore section 16 of the Arbitration and Conciliation Act,1996, and deserve to be rejected under Order 7, Rule 11 as being barred by statute. The appellant herein filed an injunction suit before the trial court seeking to stop the Arbitration proceeding initiated …

Arbitration Court Tribunal Respondent Sec Act Appellant

Something called Article 21: Supreme Court raps UP government for 2021 demolition

2 weeks, 6 days ago

Something called Article 21: Supreme Court raps UP government for 2021 demolition

India Today

“There is something called Article 21 and the right to shelter,” the Supreme Court said on Wednesday while calling out the Uttar Pradesh Government for the demolition of structures situated in a compound at Lukerganj, Prayagraj, in 2021. The top court also pointed out that a coordinate bench of the Supreme Court had previously passed a judgment regarding bulldozer justice. …

Supreme Court Court State

Sajad Lone Walks Out Of J&K Assembly With Salvo At NC: 'Ban On Talking About Art 370'

3 weeks, 1 day ago

Sajad Lone Walks Out Of J&K Assembly With Salvo At NC: 'Ban On Talking About Art 370'

ABP News

Jammu: People's Conference leader Sajad Gani Lone on Tuesday walked out from the Jammu and Kashmir Assembly after his motion seeking inclusion of amendments, including restoration of Article 370, was disallowed by Speaker Abdul Rahim Rather. Lone, a former minister who represents Handwara constituency, walked out of the assembly shortly after the end of the Question Hour, saying "I am …

Art Assembly Speaker Lone

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat

3 weeks, 2 days ago

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat

Live Law

The Supreme Court today refused to entertain a petition assailing demolition action stated to have been carried out by Ahmedabad authorities against houses of persons accused of crimes in violation of the Court's November 13 judgment.A bench of Justices BR Gavai and AG Masih passed the order, asking the petitioner, who claimed that the authorities were guilty of contempt of …

Ahmedabad Supreme Court Court Gujarat Demolition Order Houses

Supreme Court Annual Digest 2024 [Arbitration And Conciliation Act]

3 weeks, 3 days ago

Supreme Court Annual Digest 2024 [Arbitration And Conciliation Act]

Live Law

Section 33 - Although the Arbitral Tribunal becomes functus officio after passing an award, it would still retain the limited jurisdiction to clarify or correct errors in an award. Ltd. v. Kamarajar Port Ltd, 2024 LiveLaw 852 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

India Supreme Court Arbitration Public Policy West Bengal Indian Conciliation

High Court notice to Karnataka government over dropping cases against MPs, MLAs

3 weeks, 5 days ago

High Court notice to Karnataka government over dropping cases against MPs, MLAs

India Today

The Karnataka High Court, on Thursday, issued notice to the state government in a petition challenging a government order to withdraw 43 criminal cases, in which former ministers, MLAs and persons of influence were named accused. A Division Bench of Chief Justice NV Anjaria and Justice MI Arun passed the order on the public interest litigation questioning the legality of …

High Court Court Cases Pil Withdraw

Stormy J&K Assembly as BJP Vows to Block Article 370 Restoration Move

3 weeks, 6 days ago

Stormy J&K Assembly as BJP Vows to Block Article 370 Restoration Move

Deccan Chronicle

Srinagar: The upcoming Jammu and Kashmir Assembly budget session is expected to be fiery, as the BJP has vowed not to allow a resolution seeking the restoration of Article 370 or any other “anti-national or unconstitutional” bill to be tabled in the house. The near month long budget session which is scheduled to begin in Jammu on March 3 is …

Budget Resolution Speaker House Bjp Jammu Members

J&K High Court Imposes 25K Costs On "Compulsorily Retired" SBI Employee For Concealing Facts To Mislead Court's Jurisdiction

1 month ago

J&K High Court Imposes 25K Costs On "Compulsorily Retired" SBI Employee For Concealing Facts To Mislead Court's Jurisdiction

Live Law

While dismissing a writ petition filed by a compulsorily retired State Bank of India employee, the Jammu and Kashmir and Ladakh High Court imposed a penalty of ₹25,000 for concealing crucial facts with the intent to deceive the Court regarding its territorial jurisdiction. It is the duty of every litigant to disclose all material facts, as withholding material facts from …

Jurisdiction Court Jammu Facts Material Facts Himachal Pradesh This Court

Supreme Court Monthly Digest- January 2025

1 month ago

Supreme Court Monthly Digest- January 2025

Live Law

Adalat Refund court fees - The petitioner sought a refund of court fees paid in the trial court, first appellate court, and second appellate court after the High Court decided the second appeal based on an amicable settlement between the parties. Jage Ram v. Ved Kaur, 2025 LiveLaw 138 Aircraft Act, 1934 Section 12B - Investigation by Local Police - …

India Delhi Supreme Court Appeal Writ Jurisdiction Public Order Constitution

Supreme Court Gives Union Time To Take Decision On Policy For Premature Release Of Convicts In Jammu & Kashmir

1 month, 1 week ago

Supreme Court Gives Union Time To Take Decision On Policy For Premature Release Of Convicts In Jammu & Kashmir

Live Law

In the matter where the Supreme Court nudged Jammu and Kashmir administration to frame a policy for premature release of convicts, the UT administration has filed a Report, taking into account which the Union was today given 4 weeks' time to take appropriate decision.A bench of Justices Surya Kant and N Kotiswar Singh heard the matter and passed the order, …

Policy Supreme Court Court Kashmir Union Jammu Supreme

Section 36 Of Arbitration Act As Amended Applies To Pre-Amendment S.34 Applications: Allahabad High Court Reiterates

1 month, 1 week ago

Section 36 Of Arbitration Act As Amended Applies To Pre-Amendment S.34 Applications: Allahabad High Court Reiterates

Live Law

The Allahabad High Court bench of Justice Piyush Agrawal, placing reliance upon the judgment of the Supreme Court in Board of Control for Cricket in India vs. Kochi Cricket Private Limited & Others, held that the amended Section 36 of the Arbitration and Conciliation Act, 1996 applies prospectively to court proceedings initiated on or after the date of commencement of …

Court Amendment Bcci Act Filed Award Execution

Supreme Court Upholds Govt's Power To Withdraw Promise Of Rebate In Larger Public Interest

1 month, 1 week ago

Supreme Court Upholds Govt's Power To Withdraw Promise Of Rebate In Larger Public Interest

Live Law

While upholding the Goa Government's order to recover the previously granted electricity tariff rebates from several industrial companies, the Supreme Court today reaffirmed the government's power to withdraw or modify economic incentives in the interest of public finances. The Court held that the doctrine of promissory estoppel cannot be rigidly enforced in situations where the government's promises to provide incentives …

Supreme Court Goa Court Public Interest Interest State Public

Moratorium During Insolvency Process Does Not Bar Cheque Dishonour Proceedings Against Persons Referred U/S 141 Of NI Act: Kerala High Court

1 month, 1 week ago

Moratorium During Insolvency Process Does Not Bar Cheque Dishonour Proceedings Against Persons Referred U/S 141 Of NI Act: Kerala High Court

Live Law

The Kerala High Court yesterday, observed that during the Corporate Insolvency Resolution Process, initiation of cheque dishonour proceedings, due to the moratorium, is prohibited only against the corporate debtor and not against the persons referred under Section 141 of the Negotiable Instruments Act. “ When the Corporate Insolvency Resolution Process of the company is underway, the corporate debtor would be …

Kerala Corporate Court Insolvency Company Proceedings Act

Article 226 | Writ Court Can Refuse Action Against Illegality To Do Substantial Justice : Supreme Court

1 month, 2 weeks ago

Article 226 | Writ Court Can Refuse Action Against Illegality To Do Substantial Justice : Supreme Court

Live Law

Recently, the Supreme Court reiterated that the writ court does not interfere in cases of mere violation of any statutory provision or norms unless the same has caused injustice. While administering law it is to be tempered with equity and if the equitable situation demands after setting right the legal formulations not to take it to the logical end, the …

Supreme Court Court Auction High Appellant Substantial Justice

Court Can Allow Substitution Petition Even Without Explicit Plea For Setting Aside Abatement If Application Justifies Relief: Jharkhand HC

1 month, 2 weeks ago

Court Can Allow Substitution Petition Even Without Explicit Plea For Setting Aside Abatement If Application Justifies Relief: Jharkhand HC

Live Law

Recently, the Jharkhand High Court has held that abatement by necessary implication can allow a substitution petition even without a specific plea to set aside, provided the entire application makes out a case for such relief. Justice Sanjay Kumar Dwivedi, presiding over the case, observed, “In a case where the relief of setting aside of abatement has not been specifically …

Court Application Relief Aside Abatement Substitution Petition

Article 227 Of The Constitution Cannot Be Used As An Appellate Or Revisional Power: Kerala High Court

1 month, 2 weeks ago

Article 227 Of The Constitution Cannot Be Used As An Appellate Or Revisional Power: Kerala High Court

Live Law

The Kerala High Court, while dismissing a petition, observed that its supervisory jurisdiction, as provided under Article 227 of the Constitution, cannot be used as an appellate or revisional power. “The power under Article 227 of the Constitution would be restricted to interference in cases of grave dereliction of duty or flagrant violation of law and would be exercised most …

Constitution Court Power Defendants Grave Injustice

Prisoners can be granted leave irrespective of their pending appeals against conviction, rules Madras High Court

1 month, 2 weeks ago

Prisoners can be granted leave irrespective of their pending appeals against conviction, rules Madras High Court

The Hindu

Convicts can be granted ordinary as well as emergency leave even if their appeals, against the conviction, were pending either before the High Court or the Supreme Court provided they were not facing trial in any other case, a Full Bench of the Madras High Court has held. The Full Bench agreed with State Public Prosecutor Hasan Mohamed Jinnah that …

Court Leave Bench Sentence Granted Rules Convicts

Execution Proceedings Can't Be Quashed Solely Due To Non-Supply Of Signed Arbitral Award: Chhattisgarh High Court

1 month, 2 weeks ago

Execution Proceedings Can't Be Quashed Solely Due To Non-Supply Of Signed Arbitral Award: Chhattisgarh High Court

Live Law

The Chhattisgarh High Court bench of Justice Rakesh Mohan Pandey has held that non-supply of the signed arbitral award may be a ground for setting aside an award, but on this ground alone, the execution proceedings cannot be quashed. The respondent Bank filed an application for execution under Section 36 of the Arbitration and Conciliation Act, 1996 read with Order …

Court Award Petitioner Execution Proceedings Signed Arbitral Award

Arbitration Monthly Digest: January 2025

1 month, 2 weeks ago

Arbitration Monthly Digest: January 2025

Live Law

Supreme Court High Court's Interference Under Article 226/227 Permissible Only If Arbitral Tribunal's Order Is Patently Perverse : Supreme Court Case Title: SEROSOFT SOLUTIONS PVT. Case Title: Sri Sathe Infracon Private Limited v. M/s Rudranee Infrastructure Ltd. & another Citation: 2025 LiveLaw 36 The Bombay High Court bench of Justice R. M. Joshi has held that compliance with Section 21 …

India Justice Supreme Court High Court Arbitration Constitution Court

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

1 month, 3 weeks ago

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

Live Law

The Kerala High Court has reiterated that interim orders that affect the substantial rights and liabilities of the parties and cause significant prejudice, are appealable during the pendency of the writ petition under Section 5 of the Kerala High Court Act, 1958. Such an order, touching upon the substantial rights and liabilities of the parties and causing substantial prejudice to …

Kerala Writ Petition Court Registrar Parties Orders Writ

Supreme Court Reiterates Narrow Scope Of Interference Under Section 37 Arbitration Act

1 month, 3 weeks ago

Supreme Court Reiterates Narrow Scope Of Interference Under Section 37 Arbitration Act

Live Law

The Supreme Court reiterated that in appeal under Section 37 of the Arbitration and Conciliation Act, the Court has a narrower scope to review the arbitral award if the award has already been upheld under Section 34. In appeal, Section 37 of the Act grants narrower scope to the appellate court to review the findings in an award, if it …

Supreme Court Appeal Court Act Single Award Raised

Executing Courts Can't Annul Arbitral Awards Solely On Ground Of Unilateral Appointment Of Arbitrator: Madras High Court

1 month, 3 weeks ago

Executing Courts Can't Annul Arbitral Awards Solely On Ground Of Unilateral Appointment Of Arbitrator: Madras High Court

Live Law

The Madras High Court bench of Justice N. Sathish Kumar has observed that the issue of ineligibility of the arbitrator cannot be raised during the pendency of the execution proceedings. The court held that the Executing Courts cannot suo motu dismiss the Execution Petition solely on the ground of unilateral appointment of an arbitrator. “As long as there is no …

Court Held Limited Ground Award Execution Petitioner

Writ Petition Maintainable If Arbitrator Refuses To Entertain Application U/S 3G(5) Of National Highways Act: Kerala High Court

1 month, 3 weeks ago

Writ Petition Maintainable If Arbitrator Refuses To Entertain Application U/S 3G(5) Of National Highways Act: Kerala High Court

Live Law

The Kerala High Court bench of A. Muhamed Mustaque and S. Manu JJ. while hearing a writ petition has held that when an arbitrator appointed by the Central Government refuses to entertain an application u/s 3G of the National Highways Act, 1956, the Courts can entertain a petition under Article 226 to the limited extent of referring the dispute to …

Court National Writ High Proceedings District Act

Notice To Appoint Another Arbitrator To Continue Arbitration Proceedings Satisfies Mandate Of S.21Of A&C Act: Kerala High Court

1 month, 3 weeks ago

Notice To Appoint Another Arbitrator To Continue Arbitration Proceedings Satisfies Mandate Of S.21Of A&C Act: Kerala High Court

Live Law

The Kerala High Court bench of Justice Syam Kumar V.M., while hearing a Section 11 petition, has held that a notice to revive a stalled arbitration proceedings by appointing another arbitrator satisfies the mandate of Section 21 of the A&C Act. The court further observed that the dispute between parties arose in 2018, which is evident from the filing of …

Arbitration Court Respondent Notice Proceedings Partnership Issued

Arbitration Cases Weekly Round-Up [20th January-26th January 2025]

1 month, 3 weeks ago

Arbitration Cases Weekly Round-Up [20th January-26th January 2025]

Live Law

Supreme Court Case Detail : M/S R.S. High Courts Bombay High Court Case Title: Health Care, Medical & General Stores Versus Amulya Investment,Through Proprietor Mr. Sameer G. Narvekar Citation: 2025 LiveLaw 23 The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh S. Patil has held that service of a signed copy of an award on an employee of …

Justice Supreme Court Arbitration Constitution Court Exceptional Circumstances Title

Arbitral Tribunal Not Bound By Strict Rigors Of CPC, Amendment Permissible At Any Stage Of Proceedings: Jharkhand High Court

2 months ago

Arbitral Tribunal Not Bound By Strict Rigors Of CPC, Amendment Permissible At Any Stage Of Proceedings: Jharkhand High Court

Live Law

The Jharkhand High Court Bench of Justice Gautam Kumar Choudhary has held that the power under Articles 226 and 227 of the Constitution can be invoked for interfering with an interim order only in exceptionally rare cases. Additionally, the court held that Arbitral Tribunals are not bound by the strict rigours of CPC and an amendment is permissible at any …

Constitution Court Order Amendment Cpc Petitioner Advocate

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

2 months ago

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

Live Law

The Punjab and Haryana High Court bench comprising of Justice Arun Palli and Justice Vikram Aggarwal has held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 Act read with Section 13 of the Commercial Courts Act, 2015 is not maintainable against an order passed under Order VII Rule 10 of the CPC directing the return …

Delhi Arbitration Jurisdiction Court Order Venue Cpc

Procedural Impediments In Govt Machinery Not 'Sufficient Cause' For Condoning Delay In Filing Appeal U/S 37 Of Arbitration Act: Patna High Court

2 months ago

Procedural Impediments In Govt Machinery Not 'Sufficient Cause' For Condoning Delay In Filing Appeal U/S 37 Of Arbitration Act: Patna High Court

Live Law

The Patna High Court Bench of Justice Ramesh Chand Malviya has held that procedural impediments in the government machinery are not a 'sufficient cause' for condoning the delay in filing the appeal. However, the respondent argued that the appellants failed to assign the 'sufficient cause' of delay in filing the appeal on a day-to-day basis and stated the reason for …

Appeal Court Delay Cause Condoning Advocate Sufficient

Violation Of Provisions Of Arbitration Act Or MSMED Act Can Be Adjudicated By Court U/S 34 Of Arbitration Act: Orissa High Court

2 months ago

Violation Of Provisions Of Arbitration Act Or MSMED Act Can Be Adjudicated By Court U/S 34 Of Arbitration Act: Orissa High Court

Live Law

An Orissa High Court bench of Justice K.R. Mohapatra has dismissed a writ petition upon holding that the petitioner, without availing the efficacious statutory remedy u/s 34 of the Arbitration Act had approached the Court under Articles 226 and 227 of the Constitution for which the Court was not inclined to exercise its discretionary power to entertain it. Additionally, the …

Writ Petition Arbitration Jurisdiction Constitution Court Council Bhubaneswar

Claim Of Title To Property U/S 19 Of Specific Relief Act Must Be Continuing Claim, Running Through Concentric Circles Of Relationships: Telangana HC

2 months ago

Claim Of Title To Property U/S 19 Of Specific Relief Act Must Be Continuing Claim, Running Through Concentric Circles Of Relationships: Telangana HC

Live Law

The Telangana High Court has held that when enforcement of a contract is sought under section 19 of the Specific Relief Act, the claimant needs to establish a concentric circle of relationships with the contracting parties to the contract. The Bench reiterated that only parties to a contract or persons claiming rights from parties to a contract can seek specific …

Contract Trial Performance Property Court Specific Performance Parties

Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court

2 months ago

Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court

Live Law

The Uttarakhand High Court bench of Chief Justice G. Narendar has held that the concept of appointing a named Arbitrator, who himself is an interested party, is no longer sustainable. The main issue was whether the applicants are entitled to appointment of an Arbitrator dehors the stipulation in Clause 28.0, wherein it had been agreed that the Principal Secretary/Secretary, Department …

Court Uttarakhand Arbitrator Respondent Relied Named Arbitrator

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC

2 months ago

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC

Live Law

The Jaipur bench of the Rajasthan High Court has reiterated that Section 143A, Negotiable Instruments Act, inserted after an amendment in 2018 introducing payment of interim compensation to complainant in a cheque bouncing case, has prospective application and cannot be applied to complaints filed before the amendment in a retrospective manner. Justice Anoop Kumar Dhand relied upon the Supreme Court …

Act Interim Compensation Rajasthan Hc Section 143A Of The Act 143A Section 143A

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

2 months ago

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

Live Law

The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. The service conditions of an employee is governed by the Service rules and violation of service rules would not come within the purview of violation of discharge of public functions and, therefore, …

India Writ Petition Court Violation Writ Service Rules

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court

2 months, 1 week ago

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court

Live Law

The Delhi High Court Bench of Justice Sachin Datta has held that it cannot entertain a writ petition challenging an arbitral award, and the petitioner should challenge the award by taking recourse to appropriate remedies under Section 34 of the Arbitration Act. Brief Facts: The present petition challenged an arbitral award passed pursuant to reference to arbitration under Section 18 …

Court Act Award Petition Petitioner Sole Arbitrator

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court

2 months, 1 week ago

Unilateral Appointment Clause Of Arbitrator Hinders Equal Participation Of Parties In Appointment Process: Patna High Court

Live Law

The Patna High Court Bench of Chief Justice K. Vinod Chandran held that a clause that allows one party to unilaterally appoint a sole arbitrator gives rise to justifiable doubts as to the independence and impartiality of the arbitrator. Further, such a unilateral clause is exclusive and hinders equal participation of the parties in the appointment process of arbitrators. It …

Arbitration Court Parties State Act Clause Arbitrator

[NEET PG 2024] MP HC Directs Authorities To Not Compel Candidates To Resign From Counselling Or Forfeit Deposit Till 2nd Round Result Is Declared

2 months, 1 week ago

[NEET PG 2024] MP HC Directs Authorities To Not Compel Candidates To Resign From Counselling Or Forfeit Deposit Till 2nd Round Result Is Declared

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The MP High Court has directed the Centre and State authorities to not compel candidates to resign from All India 2nd round counselling of NEET PG and to not forfeit the security amount till the results of 2nd round of counselling is declared by the State. No.162/2025, the respondents are directed not to compel the petitioners to resign as also …

India Court Result Counselling State Resign Round