Articles for Section 8 Of

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
5 days, 7 hours 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 …

Arbitration Dispute Court Parties Application Agreement Respondent
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
Squelch Will Of Parties In Consumer Welfare Issues: Supreme Court Of India
4 months, 4 weeks ago

Squelch Will Of Parties In Consumer Welfare Issues: Supreme Court Of India

Live Law  

The Supreme Court, in M. Hemalatha Devi and Ors. The SC delved in deliberation regarding the conflict caused due to the interplay between the 1980 Act and arbitration proceedings in Fair Air Engineers Ltd. v. N. K. Modi, 6 SCC 385 wherein SC noted that, considering the purpose of the 1980 Act which is for relieving the consumer from the …

Consumer Supreme Court Arbitration Disputes Consumer Disputes Forum Act
Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case
6 months ago

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case

Live Law  

Setting aside a conviction in a 25-year-old murder case, the Allahabad High Court has observed that only on the basis of the absconding of the accused, he cannot be held to be guilty. The trial court relied upon the recovery of the crime weapon axe, under section 27 of the Evidence Act, coupled with the conduct of the accused in …

Evidence Court Case Accused Act His House Conduct
No Provision Under Arbitration Act To Spilt Parties Or Refer Part Of Subject Matter To Arbitration, Delhi High Court Dismisses S. 8 Petition
8 months, 2 weeks ago

No Provision Under Arbitration Act To Spilt Parties Or Refer Part Of Subject Matter To Arbitration, Delhi High Court Dismisses S. 8 Petition

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held that under the Arbitration and Conciliation Act, 1996 there is no provision for splitting of parties and referring part of the subject matter to arbitration. It held that where a suit encompasses matters outside the arbitration agreement and involves parties not party to the said agreement, Section 8 of …

Arbitration Court Parties Delhi High Court Agreement Held High
S.8 UAPA | Intent Of Notifying Place 'Used For Unlawful Association' Is Not To Seize Properties Of Innocent Owners: Delhi High Court
9 months, 3 weeks ago

S.8 UAPA | Intent Of Notifying Place 'Used For Unlawful Association' Is Not To Seize Properties Of Innocent Owners: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the intent of notifying a place under Section 8 of the Unlawful Activities Act, 1967, is to ensure that it is not used for unlawful activities and is not to seize properties of innocent owners who are neither members of the unlawful association nor involved in unlawful activities.Section 8 of the UAPA …

Activities Court Delhi High Court Ansari This Court Unlawful Activities Uapa
Merely Because A Person Is Educated & God Fearing, It Can't Be Said That He Has Good Reputation : Supreme Court
1 year, 2 months ago

Merely Because A Person Is Educated & God Fearing, It Can't Be Said That He Has Good Reputation : Supreme Court

Live Law  

The Supreme Court in a judgment delivered on Friday held that just because a person is educated and said to be God-fearing, it cannot be said that the person has a positive reputation.“A court of law cannot declare the reputation of a person based upon its own opinion merely because a person is educated and said to be God-fearing, that …

Supreme Court Trial Evidence Court Witness Reputation Order
NCLT Mumbai Admits Bagalkot Cement And Industries Ltd. Into Insolvency
1 year, 3 months ago

NCLT Mumbai Admits Bagalkot Cement And Industries Ltd. Into Insolvency

Live Law  

The National Company Law Tribunal, Mumbai Bench, comprising of Mrs. Lakshmi Gurung and Shri Charanjeet Singh Gulati, while adjudicating a petition filed in Vyshali Energy Private Limited v M/s. Vyshali Energy Private Limited and the Corporate Debtor entered into an 'Energy Purchase Agreement' dated 10.04.2017 for the sale and supply of energy by the Operational Creditor to the Corporate Debtor. …

Corporate Corporate Debtor Operational Creditor Operational Notice Demand Nclt
J&K Arbitration And Conciliation Act | Filing Application U/S 5 Not Bar To Referral For Arbitration U/S 8(1): High Court
1 year, 3 months ago

J&K Arbitration And Conciliation Act | Filing Application U/S 5 Not Bar To Referral For Arbitration U/S 8(1): High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that filing of the application under Section 5 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 cannot be construed as a submission of statement of the substance of the dispute within the meaning of Section 8 of the Act to create a legal bar in referring the matter …

Arbitration Dispute Court Parties Application Statement Respondent
Supreme Court Annual Digest 2022- Indian Evidence Act, 1872
1 year, 11 months ago

Supreme Court Annual Digest 2022- Indian Evidence Act, 1872

Live Law  

Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act 1872 - Dying Declaration - When can be relied upon - Conditions - It could thus be seen that the Court is required to …

India Karnataka Odisha Kerala Delhi Evidence Uttar Pradesh
Requirement Of Notice Of Arbitration Is Not A Mere Technicality: Delhi High Court
2 years ago

Requirement Of Notice Of Arbitration Is Not A Mere Technicality: Delhi High Court

Live Law  

The High Court of Delhi has held that a notice of arbitration is sine qua non for commencing an arbitral proceeding and invalidity of invocation goes to the very root of the matter and hits the jurisdiction of the Court to entertain applications arising out of the arbitration proceedings. The Court also held that the finding of the Court, regarding …

Family Arbitration Court Parties Application Agreement Held
Supreme Court Quarterly Complete Criminal Digest [July - September 2022]
2 years, 1 month ago

Supreme Court Quarterly Complete Criminal Digest [July - September 2022]

Live Law  

Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. Kanchan Kumar v. State of Bihar, 2022 LiveLaw 763 Code of Criminal Procedure, 1973; Section 227-228 - Cause of death of the deceased …

India Karnataka Delhi Supreme Court High Court Board Bihar
Calcutta High Court Half Yearly Digest: January To June 2022 [Citations 1 - 261]
2 years, 2 months ago

Calcutta High Court Half Yearly Digest: January To June 2022 [Citations 1 - 261]

Live Law  

Nominal Index Dr. Avinandan Mondal v. State of West Bengal & Ors 2022 LiveLaw 1 Bimal Bhattacharya v. State of West Bengal & Ors LiveLaw 2 Pratik Maitra v. State of West Bengal 2022 LiveLaw 3 Shri Aloke Singh & Ors v. Indian Statistical Institute & Ors 2022 LiveLaw 4 Amit Kumar Das and Ors v. State of West Bengal …

India Zoo High Court Constitution Republic Day Criminal Procedure Land Acquisition Act
Section 27 Evidence Act- Discovery Of Weapon At The Instance Of Accused By Itself Does Not Prove That He Had Concealed Or Used It : Supreme Court
2 years, 5 months ago

Section 27 Evidence Act- Discovery Of Weapon At The Instance Of Accused By Itself Does Not Prove That He Had Concealed Or Used It : Supreme Court

Live Law  

The Supreme Court observed that merely because discovery of weapon was at the instance of accused, it does not mean he had concealed or used it.The bench observed thus while considering an appeal filed by a murder convict, whose conviction under Section 302 IPC was upheld by the Bombay High Court. The court noted that conditions necessary for the applicability …

Supreme Court Evidence Court Discovery State Act Para
"Ring Of Truth" : Supreme Court Lays Down Principles For Appreciation Of Ocular Evidence In Criminal Case
2 years, 5 months ago

"Ring Of Truth" : Supreme Court Lays Down Principles For Appreciation Of Ocular Evidence In Criminal Case

Live Law  

The Supreme Court, in a judgment delivered in a criminal appeal, laid down principles for appreciation of ocular evidence in a criminal case.In assessing the value of the evidence of the eyewitnesses, two principal considerations are whether, in the circumstances of the case, it is possible to believe their presence at the scene of occurrence or in such situations as …

Supreme Court Evidence Court Witness Criminal Case Discovery
Section 8 Of A&C Act Can't Be Invoked Based On A Non-Binding Arbitration Agreement: Karnataka High Court
2 years, 5 months ago

Section 8 Of A&C Act Can't Be Invoked Based On A Non-Binding Arbitration Agreement: Karnataka High Court

Live Law  

The Karnataka High Court has ruled that since the agreement between the parties provided for a 'non-binding' arbitration, there was absolutely no intention of the parties to enter into an arbitration agreement and that the said agreement could not be termed as an arbitration agreement. The Single Bench of Justice Sachin Shankar Magadum held that since under the relevant clause …

High Court Arbitration Parties Agreement District Act Filed
Separate IGST On Indian Importers For Ocean Freight Against Concept Of "Composite Supply", Violates Section 8 CGST Act : Supreme Court
2 years, 6 months ago

Separate IGST On Indian Importers For Ocean Freight Against Concept Of "Composite Supply", Violates Section 8 CGST Act : Supreme Court

Live Law  

The Supreme Court has held when the Indian importer is liable to pay Integrated Goods and Services Tax on the 'composite supply', which includes supply of goods and supply of services of transportation, insurance, etc. Section 2 of the CGST Act defines 'composite supply' as under - " "composite supply" means a supply made by a taxable person to a …

Supreme Court Supply Court Services Ocean Indian Freight
Sec 8 Arbitration Act - Court Can't Adjudicate Bifurcability Of Causes Of Action Or Presence Of Necessary Parties After 2015 Amendment: Calcutta HC
2 years, 10 months 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
'Shields The Solemnization Of Marriages Of Children': Plea In Supreme Court Challenges Section 8 of Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021
3 years, 2 months ago

'Shields The Solemnization Of Marriages Of Children': Plea In Supreme Court Challenges Section 8 of Rajasthan Compulsory Registration of Marriages (Amendment) Bill, 2021

Live Law  

A Public Interest Litigation petition has been filed in the Supreme Court challenging the constitutional validity of Section 8 of the Rajasthan Compulsory Registration of Marriages Bill, 2021 so far as it permits the registration of child marriages. The Rajasthan State Assembly last week passed the aforementioned bill to amend a 2009 Act which provides for mandatory registration of marriages, …

Rajasthan Marriage Age Registration Child Act Bill
Bar Under Sec. 8 Of Commercial Courts Act Against Entertaining Revision Application Or Petition Not Applicable To Petitions Under Article 227: Delhi HC
3 years, 4 months ago

Bar Under Sec. 8 Of Commercial Courts Act Against Entertaining Revision Application Or Petition Not Applicable To Petitions Under Article 227: Delhi HC

Live Law  

The Delhi High Court has held that the bar provided under Section 8 of the Commercial Courts Act against entertaining revision application or petition against any interlocutory order of a Commercial Court, is not applicable to petitions under Article 227 of the Constitution of India.A Division Bench of Justice Rajiv Sahai Endlaw and Justice Amit Bansal held that the jurisdiction …

India Jurisdiction Constitution Court Petitions Bar Commercial
Stare Decisis Stares: Many Questions Than Answers In Delhi High Court Judgement Of 'Har Kishan Vs. President Secretariatt' W.P. (C) 7976/2020?
3 years, 8 months ago

Stare Decisis Stares: Many Questions Than Answers In Delhi High Court Judgement Of 'Har Kishan Vs. President Secretariatt' W.P. (C) 7976/2020?

Live Law  

The Right to Information bleeds now with a requirement being added by a judicial order much beyond the original scheme of the Act and that is, 'Disclosure of Interest in Personal Information sought under the RTI Act would be necessary'. The history helps to unfold the tread marks and a bare look at the long title and preamble of the …

Delhi Supreme Court High Court Court Information Public Interest Personal Information
Arbitration Reference Not Maintainable If Filed After Admission Of Insolvency Resolution Petition U/s 7 IBC: Supreme Court
3 years, 8 months ago

Arbitration Reference Not Maintainable If Filed After Admission Of Insolvency Resolution Petition U/s 7 IBC: Supreme Court

Live Law  

The Supreme Court observed that in any proceeding which is pending before the Adjudicating Authority under Section 7 of Insolvency and Bankruptcy Code, if such petition is admitted upon the Adjudicating Authority recording the satisfaction with regard to the default and the debt being due from the corporate debtor, any application seeking reference to arbitration. The Supreme Court observed that …

Supreme Court Arbitration Court Application Nclt Act Filed
Section 6, Again- But For A Different Reason
4 years, 3 months ago

Section 6, Again- But For A Different Reason

Live Law  

Section 6 of the Hindu Succession Act, 1956, continues to flummox this author, notwithstanding the catena of judgments and numerous Articles. Devolution of interest in Coparcenary property — On and from the commencement of the Hindu Succession Act, 2005, in a joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall, — by birth become a …

Property Schedule Hindu Share Class Act Father