Articles for 2015 Amendment

S.153C Income Tax Act | Two-Tier Satisfaction Of Assessing Officers Of Both Searched & Non-Searched Entity Needed Even Prior To 2015 Amendment: Delhi HC
2 weeks, 5 days ago

S.153C Income Tax Act | Two-Tier Satisfaction Of Assessing Officers Of Both Searched & Non-Searched Entity Needed Even Prior To 2015 Amendment: Delhi HC

Live Law  

The Delhi High Court has held that even though Section 153C of the Income Tax Act, 1961 did not in its original form prescribe two-tier satisfaction of Assessing Officers of both the searched and non-searched entity for initiating reassessment, the same cannot be deemed absent. “In our considered opinion, while and undoubtedly Section 153C as it stood at the relevant …

Tax Court Assessment Income Tax Income Tax Act Income Person
Invalidity Of The Appointment Procedure Would Not Render The Entire Arbitration Clause Invalid: Delhi High Court
2 years, 4 months ago

Invalidity Of The Appointment Procedure Would Not Render The Entire Arbitration Clause Invalid: Delhi High Court

Live Law  

The High Court of Delhi has held that merely because the procedure for the appointment of the arbitrator has become invalid due to 2015 amendment act, the same would not render the entire arbitration clause invalid. The bench of Justice Anup Jairam Bhambhani held that there are several elements present in an arbitration clause such as procedure for appointment of …

Arbitration Dispute Procedure Court Parties Notice Act
Sec 8 Arbitration Act - Court Can't Adjudicate Bifurcability Of Causes Of Action Or Presence Of Necessary Parties After 2015 Amendment: Calcutta HC
3 years, 1 month ago

Sec 8 Arbitration Act - Court Can't Adjudicate Bifurcability Of Causes Of Action Or Presence Of Necessary Parties After 2015 Amendment: Calcutta HC

Live Law  

The Calcutta High Court on Friday had the opportunity to expound on the issue as to whether Courts should consider the dictum of the Supreme Court as laid down in Sukanya Holdings Ltd. v. Jayesh H. Pandya regarding non-permissibility of bifurcation of subject-matter or causes of action in a suit while adjudicating upon an application filed under section 8 of …

Supreme Court Arbitration Parties Application Reference Agreement Bhattacharya
Arbitration - 2015 Amendment Won't Apply To Section 34 Applications Filed Prior To It : Supreme Court
3 years, 4 months ago

Arbitration - 2015 Amendment Won't Apply To Section 34 Applications Filed Prior To It : Supreme Court

Live Law  

The Supreme Court has held that the 2015 amendment to Section 34 of the Arbitration and Conciliation Act 1996 will apply only to Section 34 applications that have been made after the date of the amendment. The Court notes that by way of the 2015 Amendment a distinction is sought to be carved out between a domestic award arising from …

India Supreme Court Arbitration Patent Illegality Amendment Proceedings Act
Effect Of 2015 Amendment To The Arbitration And Conciliation Act On Limitation Period To Challenge Arbitral Awards
4 years, 9 months ago

Effect Of 2015 Amendment To The Arbitration And Conciliation Act On Limitation Period To Challenge Arbitral Awards

Live Law  

The regime of alternative dispute resolution worldwide and more specifically in India has attracted small and big commercial enterprises to get their disputes resolved through arbitral proceedings. Issue regarding challenge to an Award under Section 34 of the Act on the ground of insufficiency of stamp duty was conclusively decided in M. Anasuya Devi and Ors. Therefore, in my opinion, …

Delhi Arbitration Awards Court Limitation State Period
'Patent Illegality' A Ground Available To Set Aside Domestic Arbitral Awards Made After 2015 Amendment : SC [Read Judgment]
4 years, 9 months ago

'Patent Illegality' A Ground Available To Set Aside Domestic Arbitral Awards Made After 2015 Amendment : SC [Read Judgment]

Live Law  

The Supreme Court has observed that an arbitral award can be set aside under Section 34 of the Arbitration and Conciliation Act if it is patently illegal or perverse. The bench comprising of Justices R. Banumathi, Indu Malhotra and Aniruddha Bose observed that ground of patent illegality is a ground available under the statute for setting aside a domestic award …

Judgment Court Domestic Patent Illegality Patent Set Ground
Outer Limit Of 120 Days To File 'Section 34' Application To Set Aside Arbitral Award Not Diluted By 2015 Amendment: SC [Read Order]
5 years, 6 months ago

Outer Limit Of 120 Days To File 'Section 34' Application To Set Aside Arbitral Award Not Diluted By 2015 Amendment: SC [Read Order]

Live Law  

The Supreme Court has observed that the mandate under Section 34 of the Arbitration and Conciliation Act providing outer limit of 120 days to file an application to set aside Arbitral Award remains unchanged even after 2015 amendment of the Act. In this case, the application for setting aside the arbitral award was preferred beyond 120 days and the same …

Court Application Set Award Arbitral Aside Section 34
Arbitration And Conciliation (Amendment) Act 2019 - A Primer
5 years, 6 months ago

Arbitration And Conciliation (Amendment) Act 2019 - A Primer

Live Law  

It was once famously said by Benjamin Franklin, one of the founding fathers of the United States and an outstanding polymath that, "When will mankind be convinced and agree to settle their difficulties by arbitration?". Little did he know that the Government of India would be faced with the same dilemma more than three centuries later. In an endeavour to …

India Arbitration Court Conciliation Courts Council Amendment
Former Employee Not Disqualified From Acting As An Arbitrator, Even After 2015 Amendment: SC [Read Judgment]
6 years, 2 months ago

Former Employee Not Disqualified From Acting As An Arbitrator, Even After 2015 Amendment: SC [Read Judgment]

Live Law  

The Supreme Court has held that the Arbitration and Conciliation Act, 1996, does not disqualify a former employee from acting as an arbitrator, provided that there are no justifiable doubts as to his independence and impartiality. The bench of Justice Abhay Manohar Sapre and Justice Indu Malhotra observed that, even after 2015 amendment, the position remains the same, as Entry …

Court State Employee Act Ica Former Employee Entry
High Court Can Execute Foreign Arbitration Award Despite Change In Pecuniary Jurisdiction : Delhi HC [Read Judgment]
6 years, 3 months ago

High Court Can Execute Foreign Arbitration Award Despite Change In Pecuniary Jurisdiction : Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that jurisdiction to execute foreign arbitration award continues with the High Court, despite the change in pecuniary jurisdiction as per 2015 amendment to Delhi High Court Act.In this case Precious Sapphires Ltd vs Amira Pure Foods Pvt Ltd, the Court was dealing with an interesting interplay between the amendments made to Arbitration and Conciliation …

Delhi High Court Arbitration Jurisdiction Court Delhi High Court Held
That The Arbitrator Is An Employee Of A Party By Itself Is Not A Disqualification In Cases Before The Amendment Of 2015 [Read Judgment]
7 years, 6 months ago

That The Arbitrator Is An Employee Of A Party By Itself Is Not A Disqualification In Cases Before The Amendment Of 2015 [Read Judgment]

Live Law  

In Aravalli Power Company Ltd. v. Era Infra Engineering Ltd., the Supreme Court had occasion to consider the impact of the 2015 amendment to Arbitration and Conciliation Act 1996 in proceedings initiated before the amendment came into force.The respondent-company had taken a construction contract for a thermal power project from the appellant. In Aravalli Power Company Ltd. v. Era Infra …

High Court Arbitration Court Power Amendment Act 2015
That The Arbitrator Is An Employee Of A Party By Itself Is Not A Disqualification In Cases Before The Amendment Of 2015 [Read Judgment]
7 years, 6 months ago

That The Arbitrator Is An Employee Of A Party By Itself Is Not A Disqualification In Cases Before The Amendment Of 2015 [Read Judgment]

Live Law  

In Aravalli Power Company Ltd. v. Era Infra Engineering Ltd., the Supreme Court had occasion to consider the impact of the 2015 amendment to Arbitration and Conciliation Act 1996 in proceedings initiated before the amendment came into force.The respondent-company had taken a construction contract for a thermal power project from the appellant. In Aravalli Power Company Ltd. v. Era Infra …

High Court Arbitration Court Power Amendment Act 2015