Articles for Section 37

Non-Compliance Of S.52A NDPS Act Not Ground For Bail; Irregular Seizure Won't Make Evidence Inadmissible: Supreme Court
3 days, 13 hours ago

Non-Compliance Of S.52A NDPS Act Not Ground For Bail; Irregular Seizure Won't Make Evidence Inadmissible: Supreme Court

Live Law  

The Supreme Court today overturned the judgment of the Delhi High Court which held that the procedure mandated under Section 52A is mandatory. A bench of Justices Bela M. Trivedi and Satish Chandra Sharma pronounced the judgment in an appeal filed by the Narcotics Control Bureau against the May 18 order of the Delhi High Court. The High Court's judgment …

Judgment Court Bail Held High Magistrate Ndps Act
Delhi High Court Monthly Digest: November 2024 [Citations 1193 - 1304]
4 days, 4 hours 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 …

India Delhi High Court Court Customs Indian Title
Complete Supreme Court Quarterly Digest 2024- [July To September]
1 week, 1 day ago

Complete Supreme Court Quarterly Digest 2024- [July To September]

Live Law  

Advocate All miscellaneous amounts charged by Bar Councils for enrolment are 'enrolment fees'. Karnataka EMTA Coal Mines Ltd. v. Central Bureau of Investigation, 2024 LiveLaw 606 Section 227 – Discharge of accused in criminal cases – When an application for discharge is filed under Section 227, Cr.PC, the Court concerned is bound to disclose the reason, though, not in detail, …

India Karnataka Tamil Nadu Delhi Supreme Court High Court Bihar
Informal Opinion Rendered By Expert Not Binding On Court: Madras High Court Grants Bail To Man Found In Possession Of Magic Mushrooms
2 weeks, 3 days ago

Informal Opinion Rendered By Expert Not Binding On Court: Madras High Court Grants Bail To Man Found In Possession Of Magic Mushrooms

Live Law  

The Madras High Court recently held that while considering bail applications, an informal opinion rendered by an expert was not binding on the court. It reiterated that while exercising bail jurisdiction, the court had to consider the language adopted in the enactment and only had to be prima facie satisfied whether there was a reasonable chance of conviction. The court …

Opinion Bail Expert Act Madras High Court Prima Facie Commercial Quantity
Arbitration Monthly Digest: November, 2024
3 weeks 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 …

India Justice High Court Arbitration Constitution Court Public Policy
Arbitration Weekly Round-Up [25th November To 1st December, 2024]
3 weeks 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 …

Justice High Court Arbitration Court Title Patent Illegality 2024
Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court
3 weeks, 3 days 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 …

Arbitration Appeal Court Delay Period Act Filing
Arbitration Weekly Round-Up [18th November To 24th November, 2024]
3 weeks, 6 days ago

Arbitration Weekly Round-Up [18th November To 24th November, 2024]

Live Law  

Supreme Court Case Title: GOQII TECHNOLOGIES PRIVATE LIMITED VERSUS SOKRATI TECHNOLOGIES PRIVATE LIMITED, Citation : 2024 LiveLaw 891 In a recent decision, the Supreme Court reiterated that the referral courts under Section 11 of the Arbitration & Conciliation Act, 1996 should refrain from conducting an in-depth factual analysis of the dispute. Delhi High Court Case Title: BALAJI STEEL TRADE versus …

India Justice High Court Arbitration Court Public Policy Title
Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court
4 weeks ago

Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court

Live Law  

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 …

Delhi Arbitration Court Lease Act Months Award
Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act
1 month ago

Himachal Pradesh High Court Reiterates Limited Scope Of Court Intervention U/S 34 & 37 Of Arbitration & Conciliation Act

Live Law  

The Himachal Pradesh High Court bench of Justice Virender Singh has reiterated that the scope of interference with arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, is narrow and not akin to appellate jurisdiction. Brief Facts: The Government of India, by a notification under Section 3 of the National Highways Act, 1956, acquired land …

Arbitration Court Patent Illegality Act Himachal Pradesh Award Appellant
Arbitration Weekly Digest 11th November-17 th November 2024
1 month ago

Arbitration Weekly Digest 11th November-17 th November 2024

Live Law  

Supreme Court Case Title: GOQII TECHNOLOGIES PRIVATE LIMITED VERSUS SOKRATI TECHNOLOGIES PRIVATE LIMITED, Citation : 2024 LiveLaw 891 In a recent decision, the Supreme Court reiterated that the referral courts under Section 11 of the Arbitration & Conciliation Act, 1996 should refrain from conducting an in-depth factual analysis of the dispute. Calcutta High Court Case Title: MINTECH GLOBAL PRIVATE LIMITED …

India Justice High Court Arbitration Court Title Courts
Punjab & Haryana High Court Reiterates Limited Scope For Interference U/S 34 & 37 Of Arbitration Act, Upholds Award In Land Development Dispute
1 month ago

Punjab & Haryana High Court Reiterates Limited Scope For Interference U/S 34 & 37 Of Arbitration Act, Upholds Award In Land Development Dispute

Live Law  

The Punjab and Haryana High Court bench of Justices Arun Palli and Vikram Aggarwal has reiterated that the scope of interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, is narrow, and the appellate jurisdiction under Section 37 is even more circumscribed. The court upheld an arbitral award in favour of village landowners, who …

Jurisdiction Development Court Land Interference Agreement Held
While Hearing Appeal U/S 37 Of Arbitration Act, Court Must Confine Itself To Grounds U/S 34 Of Arbitration Act: Himachal Pradesh HC
1 month, 1 week ago

While Hearing Appeal U/S 37 Of Arbitration Act, Court Must Confine Itself To Grounds U/S 34 Of Arbitration Act: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Ms. Justice Jyotsna Rewal Dua affirmed that supervisory role of Courts is very restricted in dealing with appeals under Section 37 of the Arbitration Act. The NHAI feeling aggrieved against the enhancement in the market value determined by the Arbitrator took recourse to Section 34 of the Act and filed applications assailing the …

Arbitration Appeal Court Land Courts Acquisition Value
Hotel Replacing Damaged Furniture, Carpets Is Current Expenditure Allowable U/S 37 Income Tax Act: Telangana HC
1 month, 1 week ago

Hotel Replacing Damaged Furniture, Carpets Is Current Expenditure Allowable U/S 37 Income Tax Act: Telangana HC

Live Law  

The Telangana High Court has held that the expenditure incurred by a hotel on replacement of damaged items is a current expenditure, allowable under Section 37 of the Income Tax Act, 1961. The replacement of existing damaged carpets, mattresses and lamp shades does not come under the capital in nature but it comes only under current expenditure…allowable under Section 37 …

High Court Tax Court Income Tax Income Tax Act Income Capital
Hotel Replacing Damaged Furniture, Carpets Is Current Expenditure Allowable U/S 37 Income Tax Act: Telangana HC
1 month, 1 week ago

Hotel Replacing Damaged Furniture, Carpets Is Current Expenditure Allowable U/S 37 Income Tax Act: Telangana HC

Live Law  

The Telangana High Court has held that the expenditure incurred by a hotel on replacement of damaged items is a current expenditure, allowable under Section 37 of the Income Tax Act, 1961. The replacement of existing damaged carpets, mattresses and lamp shades does not come under the capital in nature but it comes only under current expenditure…allowable under Section 37 …

High Court Court Income Tax Income Tax Act Capital Hotel Damaged
Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court
1 month, 1 week ago

Scope Of Review U/S 37 Is Limited To Ascertaining Compliance With S. 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices Rekha Palli and Saurabh Banerjee affirmed that the Court under section 37 of the Arbitration Act cannot undertake an independent assessment of the merits of the award, and must only ascertain that the exercise of power by the Court under Section 34 has not exceeded the scope of the provision Brief Facts The …

Change Court Duty Respondent Act Goods Nit
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
Arbitration Monthly Digest: October 2024
1 month, 1 week ago

Arbitration Monthly Digest: October 2024

Live Law  

Supreme Court Case Title: R.P. Case Title: LAVA INTERNATIONAL LIMITED Vs MINTELLECTUALS LLP Citation: 2024 LiveLaw 1114 The Delhi High Court bench comprising Justice Prateek Jalan has held that in orders passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996, the court is not bound by the principles underlying Order XXXVIII and XXXIX of …

India Justice High Court Arbitration Title Delhi High Court Patent Illegality
Telangana High Court Reiterates Limited Scope For Interference With Arbitral Awards U/S 34 Of Arbitration & Conciliation Act, 1996
1 month, 2 weeks ago

Telangana High Court Reiterates Limited Scope For Interference With Arbitral Awards U/S 34 Of Arbitration & Conciliation Act, 1996

Live Law  

The Telangana High Court bench comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao has held that an interim order passed by an arbitral tribunal under section 17 of the Arbitration and Conciliation Act, 1996, restraining the encashment of a bank guarantee does not warrant interference under section 34 of the Act. The validity of the award was also …

Law India Court Order Tribunal Act Corporation
Objection To Tribunal's Jurisdiction U/S 16 Of Arbitration Act Must Be Raised Before Or At Time Of Statement Of Defence: Himachal Pradesh HC
1 month, 2 weeks ago

Objection To Tribunal's Jurisdiction U/S 16 Of Arbitration Act Must Be Raised Before Or At Time Of Statement Of Defence: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua affirmed that a party is bound by virtue of Section 16 of the Arbitration Act to raise any objection it may have to the jurisdiction of the Tribunal before or at the time of submission of its statement of defence, and at any time thereafter it is expressly prohibited. …

Arbitration Price Tribunal Appellants Act Claim Award
Commercial Courts Empowered To Hear Commercial Original Petition Arising From Section 37 Of Arbitration Act: Telangana High Court
3 months, 3 weeks ago

Commercial Courts Empowered To Hear Commercial Original Petition Arising From Section 37 Of Arbitration Act: Telangana High Court

Live Law  

The Telangana High Court division bench of Justice Moushumi Bhattacharya and Justice M.G. During the proceedings, the Petitioner initially sought to withdraw petition arguing that it was incorrectly advised to file an appeal under section 37 of the Arbitration Act before the Commercial Court. Subsequently, the Petitioner filed Commercial Original Petition before the Commercial Court under section 37 of the …

Arbitration Jurisdiction Order Council High Act Petition
Arbitration Cases Monthly Digest: July 2024
4 months, 1 week ago

Arbitration Cases Monthly Digest: July 2024

Live Law  

Supreme Court Avoid Bulky Pleadings & Lengthy Submissions In Arbitration Appeals : Supreme Court To Advocates Case Title: Bombay Slum Redevelopment Corporation Private Limited Versus Samir Narain Bhojwani Citation : 2024 LiveLaw 445 Expressing displeasure over the filing of bulky and lengthy submissions in the arbitral proceedings, the Supreme Court on Monday called upon the Bar to urge only the …

India Justice Supreme Court High Court Arbitration Railways Court
S.37 Telangana Municipalities Act | Merely Scheduling Meetings Doesn't Equate To Convening Them, Quorum Of 2/3rd Members Required: HC
4 months, 2 weeks ago

S.37 Telangana Municipalities Act | Merely Scheduling Meetings Doesn't Equate To Convening Them, Quorum Of 2/3rd Members Required: HC

Live Law  

The Telangana High Court yesterday, addressed the issue of interpretation of Section 37 of the Telangana Municipalities Act, 2019, specifically regarding the convening of meetings for no-confidence motions against municipal chairpersons. The key issue was whether a scheduled meeting that was postponed without being convened could trigger the one-year bar on subsequent no-confidence motions as per the second proviso to …

Court Bar Members Officer Meeting Congregation Presiding
Bail Under NDPS Act Should Not Be Granted Solely Because Accused Is Suffering From HIV: Supreme Court
5 months ago

Bail Under NDPS Act Should Not Be Granted Solely Because Accused Is Suffering From HIV: Supreme Court

Live Law  

The Supreme Court, recently, while overturning the bail granted to an accused under the NDPS Act on the ground that she is suffering from HIV, stressed on the mandate of Section 37 of the Act. Considering these facts and circumstances, the grant of bail by the Meghalaya High Court was termed as a very “serious lapse.” “When the accused is …

Court Bail State Accused Singh Act Hiv