Articles for Courts Act

Article 227 In Arbitration-Related Commercial Disputes: Scope And Judicial Boundaries
1 month, 1 week ago

Article 227 In Arbitration-Related Commercial Disputes: Scope And Judicial Boundaries

Live Law  

In India, the question of whether writ petitions can challenge arbitration decisions—especially dismissals of Section 34 petitions by Commercial Courts—is a sensitive balance between constitutional authority and arbitration's intended autonomy. In the matter of M/S Deep Industries Limited v. Oil and Natural Gas Corporation Limited, AIR Online 2019 SC 1958, the Supreme Court held that High Courts should only exercise …

India Delhi Jurisdiction Constitution High Courts Exceptional Circumstances Commercial
Union proposes to strengthen institutional arbitration framework with appellate option for disputes
2 months ago

Union proposes to strengthen institutional arbitration framework with appellate option for disputes

Live Mint  

The Union law ministry has proposed to strengthen the process of institutional arbitration by allowing disputants to appeal arbitral awards without moving courts of law. This provision would only be available for arbitrations conducted under the aegis of arbitration institutions, as per the draft amendment to the Arbitration and Conciliation Act issued on Friday.

New Delhi
No Limitation U/S 7 Of Family Courts Act, 1984, For Filing Suit For Declaration Of Divorce: Allahabad High Court
3 months, 1 week ago

No Limitation U/S 7 Of Family Courts Act, 1984, For Filing Suit For Declaration Of Divorce: Allahabad High Court

Live Law  

The Allahabad High Court has held that there is no limitation under Section 7 of the Family Courts Act, 1984 for filing suit for declaration of divorce. The bench comprising of Justice Vivek Kumar Birla and Justice Syed Qamar Hasan Rizvi held “it is abundantly clear that no period of limitation is prescribed for a Suit or proceeding for declaration …

Family High Court Family Court Mutual Consent Divorce Parties Courts
When Does An Appeal Lie To The Commercial Appellate Division Of The Court? Kerala High Court Discusses
5 months, 3 weeks ago

When Does An Appeal Lie To The Commercial Appellate Division Of The Court? Kerala High Court Discusses

Live Law  

The Kerala High Court in a recent order held that appeals will lie in the Commercial Appellate Division of High Court when the order is passed by Commercial Court at the level of a District Judge or by the Commercial Division of the High Court. The Act instituted Commercial Courts in district level and Commercial Division and Commercial Appellate Division …

Kerala High Court Appeal High Courts Commercial Division Commercial Appellate Division Judge
[Commercial Courts Act] Disputes Related To Immovable Property Used Exclusively For Trade Are 'Commercial Disputes: Allahabad High Court
6 months, 2 weeks ago

[Commercial Courts Act] Disputes Related To Immovable Property Used Exclusively For Trade Are 'Commercial Disputes: Allahabad High Court

Live Law  

The Allahabad High Court, while considering the case of a hotel, has held that a dispute related to an immovable property that is used exclusively for the purpose of trade or commerce would fall under the ambit of a 'Commercial Dispute' under Section 2 of the Commercial Courts Act, 2015. “Agreements relating to immovable property used exclusively in trade or …

Trade Dispute Property Court Commerce Commercial Disputes
Delhi High Court Closes PIL On Pendency Of Cheque Bouncing Complaints In North District
7 months ago

Delhi High Court Closes PIL On Pendency Of Cheque Bouncing Complaints In North District

Live Law  

The Delhi High Court has disposed of a Public Interest Litigation on the issue of pendency of the cheque bouncing complaints filed under Section 138 of the Negotiable Instruments Act, 1881, in the Digital Courts in city's North District. A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora closed the PIL which also sought framing …

Delhi High Court Pil Jain Act Digital Court Digital Courts Bouncing Complaints
Five special courts for trials under NDPS Act to be set up in Jammu and Kashmir
10 months ago

Five special courts for trials under NDPS Act to be set up in Jammu and Kashmir

India TV News  

Jammu: The administration of Jammu and Kashmir has given the green single to establish five special courts dedicated to conducting trials related to cases under the Narcotic Drugs and Psychotropic Substances Act within the Union Territory, an official spokesman said on Wednesday. These special courts will be established in the twin capital cities of Jammu and Srinagar, as well as …

Kashmir Courts Jammu Special Ndps Act Ndps Special Courts
Mere Delay In Complying Court's Order Doesn't Amount To Contempt Unless It's Deliberate & Wilful: Supreme Court
10 months, 2 weeks ago

Mere Delay In Complying Court's Order Doesn't Amount To Contempt Unless It's Deliberate & Wilful: Supreme Court

Live Law  

Recently, the Supreme Court has observed that a mere delay in complying with the order of the court would not amount to committing contempt of court. “We are of the view that mere delay in complying with the order, unless there is a deliberate or wilful act on the part of the alleged contemnors would not attract the provisions of …

Supreme Court Court Contempt Courts Order Delay Act
Madras High Court Annual Digest: Part I (Citations 1-210)
11 months, 3 weeks ago

Madras High Court Annual Digest: Part I (Citations 1-210)

Live Law  

Citations: 2023 LiveLaw 1 to 2023 LiveLaw 210 NOMINAL INDEX Manikandan v. State, 2023 LiveLaw 1 P Geetha v. V. Kirubaharan, 2023 LiveLaw 2 M/s.Tirupur Sree Annapoorna Versus Tamil Nadu Sales Tax Appellate, 2023 LiveLaw 3 Easwaran Brothers India Private Limited Versus The Assistant Commissioner, 2023 LiveLaw 4 M Kannadasan v Union Of India, 2023 LiveLaw 5 M/s. Gopalsamy and …

India Home Food Safety Justice Tamil Nadu High Court Sexual Assault
An anti-terror law and its interference with liberty
1 year ago

An anti-terror law and its interference with liberty

The Hindu  

A judgment on November 17, 2023 by the Division Bench of the Jammu and Kashmir High Court cleared the last hurdle for the release of journalist Fahad Shah. Mr. Shah, who had been granted bail in three cases already and had The High Court, in its November 17 judgment, has not only granted Mr. Shah bail but also partially set …

Law India Court Courts Case Personal Liberty High
Arbitration Monthly Round-Up: November 2023
1 year ago

Arbitration Monthly Round-Up: November 2023

Live Law  

International Judgments Hong Kong Court Refuses To Enforce A Mainland Arbitration Award For Failure Of Arbitrator To Meaningfully Engage With Arbitral Proceedings Case Title: SONG LIHUA v. LEE CHEE HON, CONSTRUCTION AND ARBITRATION PROCEEDINGS NO. Section 29A Permits The Court To Extend The Mandate Of The Arbitral Tribunal Even When The Application Is Made After The Expiry Of Time Limit …

India Delhi Kolkata Supreme Court Arbitration Constitution Court
Arbitration Cases Weekly Round-Up: 6th November - 12th November
1 year, 1 month ago

Arbitration Cases Weekly Round-Up: 6th November - 12th November

Live Law  

Supreme Court Court Can Examine If Arbitration Clause Is Arbitrary & Violates Article 14 While Considering S.11 Application: Supreme Court Case Title: Lombardi Engineering Ltd v. State of Uttarakhand Citation: 2023 LiveLaw 958 In a significant judgment, the Supreme Court held that a clause in an arbitration agreement which is not in consonance with the Constitution cannot be enforced. Case: …

Delhi Kolkata Supreme Court Arbitration Court Title Held
No Explanation Of 'Sufficient Cause', No Special Concessions To Govt Body For Limitation Vis-A-Vis Commercial Courts Act: Allahabad High Court
1 year, 1 month ago

No Explanation Of 'Sufficient Cause', No Special Concessions To Govt Body For Limitation Vis-A-Vis Commercial Courts Act: Allahabad High Court

Live Law  

The Allahabad High Court has held that no special concession can be granted to government bodies for condoning delay under Commercial Courts Act, 2015 if sufficient cause is not shown in application for delay condonation. Following the judgement of the Supreme Court in Government of Maharashtra vs. M/s Borse Brothers Engineers and Contractors, Justice Om Prakash Shukla held that appeal …

Court Commercial Courts Limitation Delay Held High
Speedy Justice And Lengthy Delays, The Arbitration Process
1 year, 2 months ago

Speedy Justice And Lengthy Delays, The Arbitration Process

Live Law  

Through the decades, it has been witnessed that Arbitration carries a huge possibility for delays either due to the court’s procedural interference or due to non-compliance with the limitation periods specified under the Act. This is because often when a party is dissatisfied with the final award and approaches the court to set it aside under Section 34 of the …

Arbitration Court Cases Delhi High Court Courts Application Case
Court’s order and the ASI survey are flawed
1 year, 3 months ago

Court’s order and the ASI survey are flawed

The Hindu  

In its judgment dated November 9, 2019, a Constitution Bench of the Supreme Court of India, comprising the Chief Justice of India, Ranjan Gogoi, and Justices S.A. Bobde, Dr. D.Y Chandrachud, Ashok Bhushan, and S. Abdul Nazeer interpreted the Places of Worship Act, 1991 in the case of M Siddiq Through Legal Representatives vs Mahant Suresh Das and Ors.. Constitutional …

Law India Religious Places Court Order Worship
Section 42 Bars Petitions In Different Courts, Fraud Or Collusion Allegations Can Only Be Examined By The First Court: Delhi HC
1 year, 3 months ago

Section 42 Bars Petitions In Different Courts, Fraud Or Collusion Allegations Can Only Be Examined By The First Court: Delhi HC

Live Law  

The Delhi High Court has decided that if a petition under Section 9 is submitted to any court other than the one where the initial application was made, Section 42 of the A&C Act will prevent it. Thereafter, the respondent filed a Section 9 application before the District Court in Karnal with a prayer to restrain the petitioner from acting …

Delhi Jurisdiction Fraud Court Collusion Respondent District
Courts Should 'Prioritize' PCPNDT Act’s Purpose Over Technicalities While Deciding Applications Seeking Condition Of Delay: Delhi High Court
1 year, 4 months ago

Courts Should 'Prioritize' PCPNDT Act’s Purpose Over Technicalities While Deciding Applications Seeking Condition Of Delay: Delhi High Court

Live Law  

The Delhi High Court has observed that courts should prioritize the purpose and objective of Pre-Conception and-Natal Diagnostic Techniques Act, 1994, while adjudicating the applications seeking condonation of delay in cases pertaining to the enactment. Therefore, while deciding applications seeking condonation of delay, Courts should prioritize the Act's underlying purpose over technicalities,” Justice Swarana Kanta Sharma said. The District Magistrate …

Court Delhi High Court Courts Revision Delay Act Petition
Commercial Court Shall Not Allow Written Statement To Be Taken On Record After Lapse Of 120 Days From Service: Kerala High Court
1 year, 9 months ago

Commercial Court Shall Not Allow Written Statement To Be Taken On Record After Lapse Of 120 Days From Service: Kerala High Court

Live Law  

The Kerala High Court recently held that the Commercial Court shall not allow a written statement filed in a suit to be take on record if 120 days has passed since the date of service of summons. The court also referred to the decision in Raj Process Equipments and Systems Pvt Ltd & Ors v. Honest Derivatives Pvt Ltd of …

Court Kerala High Court Commercial Held Cpc Amended Written Statement
Foreigners can also move Indian courts in domestic abuse case, says Madras HC
1 year, 10 months ago

Foreigners can also move Indian courts in domestic abuse case, says Madras HC

Hindustan Times  

The Madras high court has said that even foreigners can invoke Domestic Violence Act, 2005 in Indian courts and that the residence of women is immaterial. Justice S M Subramaniam observed that Indian courts cannot shut out an independent consideration of the matter just because a foreign court has taken a particular view A single judge bench was hearing a …

India Justice Violence Court Chennai Indian Courts
Supreme Court Annual Digest 2022- Hindu Law
1 year, 11 months ago

Supreme Court Annual Digest 2022- Hindu Law

Live Law  

Family Courts Act, 1984 Family Courts Act, 1984 - The Family Courts Act is not a standalone Act. Akella Lalita v. Sri Konda Hanumantha Rao, 2022 LiveLaw 638 : AIR 2022 SC 3544 Hindu Adoption and Maintenance Act, 1956; Section 9 - Natural Guardian - Mother has an equal position as the father. Arunachala Gounder v. Ponnusamy, 2022 LiveLaw 71 …

Law Family Marriage Property Court Compassionate Appointment Hindu
Madras High Court Full Bench Rules In Favour Of Original Jurisdiction Of High Court For Hearing Child Custody Cases
2 years, 3 months ago

Madras High Court Full Bench Rules In Favour Of Original Jurisdiction Of High Court For Hearing Child Custody Cases

Live Law  

The Madras High Court on Friday ruled in favour of original jurisdiction of High Court for hearing child custody and guardianship cases in a 3:2 majority decision The five judge bench comprising of Justice PN Prakash, Justice R Mahadevan, Justice M Sunder, Justice Anand Venkatesh and Justice AA Nakkiran was constituted following reference by a three judge bench to answer …

Justice High Court Jurisdiction Court High Act Original
S.138 NI Act: Delhi High Court Appoints 5 Retired Judges As Presiding Officers Of Special Courts
2 years, 3 months ago

S.138 NI Act: Delhi High Court Appoints 5 Retired Judges As Presiding Officers Of Special Courts

Live Law  

The Delhi High Court has appointed five retired judicial officers as Presiding Officers of Special Courts established in compliance of Supreme Court's directions in "in Re: Expeditious Trial of Cases under sec. Court and the directions issued by Hon'ble Supreme Court vide order dated 19.05.2022 in Suo Moto Writ No.2 of 2020 in Re: "Expeditious Trial of Cases under Section …

Trial Court Negotiable Instruments Act Delhi High Court Courts Sec Officers
Court Can Suo Motu Reject A Plaint Under Order VII Rule 11 CPC : Supreme Court
2 years, 4 months ago

Court Can Suo Motu Reject A Plaint Under Order VII Rule 11 CPC : Supreme Court

Live Law  

The Supreme Court observed that a Court has power to reject a plaint suo motu invoking its powers under Order VII Rule 11 of the Code of Civil Procedure, 1908.The Court has to hear the plaintiff before it invokes this power, the bench of Justices KM Joseph and Hrishikesh Roy added, noticing that Order VII Rule 11 does not provide …

Supreme Court Court Civil Procedure Order Case Suit Act
Pre-Institution Mediation Under Section 12A Commercial Courts Act Is Mandatory; Suits Filed Violating This Liable To Be Rejected : Supreme Court
2 years, 4 months ago

Pre-Institution Mediation Under Section 12A Commercial Courts Act Is Mandatory; Suits Filed Violating This Liable To Be Rejected : Supreme Court

Live Law  

In a judgment having far reaching impact in commercial litigations, the Supreme Court on Wednesday declared that Section 12A of the Commercial Courts Act, which mandates pre- institution mediation, is mandatory and suits which are filed violating this mandate are liable to be rejected at the threshold under Order VII Rule 11 of the Code of Civil Procedure.The Court has …

Supreme Court Judgment Judges Court Mediation Courts Relief