Supreme Court Allows Additional Evidence in Arbitration Case: Alpine Housing vs. Ashok Dhariwal (2023) LEGAL ISSUE: Whether an applicant can be permitted to adduce additional evidence to support their case in an application under Section 34 of the Arbitration and Conciliation Act, 1996, specifically concerning public policy grounds. CASE TYPE: Arbitration Case Name: M/s Alpine […]
Supreme Court Clarifies Interest Calculation on Decreed Amounts: Nepa Limited vs. Manoj Kumar Agrawal (2022) Date of the Judgment: 08 December 2022 Citation: [Not Available in Source] Judges: Sanjiv Khanna, J. and Sudhanshu Dhulia, J. Can interest be claimed on a decreed amount when a portion of it has already been paid and withdrawn by
Supreme Court Allows Withdrawal of CIRP Application Before CoC Formation LEGAL ISSUE: Whether an application for Corporate Insolvency Resolution Process (CIRP) can be withdrawn before the constitution of the Committee of Creditors (CoC). CASE TYPE: Insolvency Law Case Name: Ashok G. Rajani vs. Beacon Trusteeship Ltd. & Ors. Judgment Date: 22 September 2022 Introduction Date
Supreme Court Clarifies Land Compensation Under National Highways Act: NHAI vs. Nagaraju (2022) LEGAL ISSUE: Determination of fair compensation for land acquisition under the National Highways Act, 1956 (NH Act) and the applicability of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013). CASE TYPE: Land
Supreme Court Allows Counterclaim in Arbitration Despite Contractual Dispute Resolution Clause Date of the Judgment: 11 July 2022 Citation: (2022) INSC 603 Judges: M.R. Shah, J. and Sanjiv Khanna, J. Can a party be barred from filing a counterclaim in arbitration if they haven’t followed a pre-arbitration conciliation process, even if the main dispute is
Supreme Court Refuses to Transfer Arbitration Case Based on Territorial Jurisdiction Date of the Judgment: July 6, 2022 Judges: J.K. Maheshwari, J. Can the Supreme Court transfer a case based on a challenge to the territorial jurisdiction of a lower court? The Supreme Court recently addressed this question in a transfer petition related to an
Supreme Court Mandates 75% Pre-Deposit for Challenging MSME Arbitration Awards Date of the Judgment: April 19, 2022 Citation: (2022) INSC 434 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can a company challenge an arbitration award against it without depositing 75% of the awarded amount? The Supreme Court of India, in this case, clarified that
Supreme Court Revives Arbitration Challenge: Haryana Urban Development Authority vs. Mehta Construction (2022) LEGAL ISSUE: Whether a delay in filing objections to an arbitration award can be condoned by the court, and whether the objections were dismissed without proper consideration of the merits of the case, including limitation issues. CASE TYPE: Arbitration Law Case Name:
Supreme Court Holds Contemnors Guilty for Disobeying Orders in Arbitration Case Date of the Judgment: 10 March 2022 Citation: (2022) INSC 200 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can a party repeatedly delay compliance with court orders and then claim they are not bound by them? The Supreme Court of India recently addressed
Supreme Court Upholds Contractual Terms in Lease Dispute: Indian Oil Corporation Ltd. vs. Shree Ganesh Petroleum LEGAL ISSUE: Whether an arbitrator, appointed under a dealership agreement, can modify the terms of a separate lease agreement between the same parties. CASE TYPE: Contract Law, Arbitration Law Case Name: Indian Oil Corporation Ltd. vs. M/s Shree Ganesh
Supreme Court Restores Arbitrator’s Award in Haryana Tourism vs. Kandhari Beverages Dispute LEGAL ISSUE: Scope of appellate jurisdiction under Section 37 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law. Case Name: Haryana Tourism Limited vs. M/s Kandhari Beverages Limited. Judgment Date: January 11, 2022 Introduction Date of the Judgment: January 11, 2022.
Supreme Court Restores Arbitrator’s Award: Haryana Tourism Ltd. vs. Kandhari Beverages Ltd. (2022) LEGAL ISSUE: The scope of appellate review under Section 37 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Haryana Tourism Limited vs. M/s Kandhari Beverages Limited [Judgment Date]: January 11, 2022 Introduction Date of the Judgment: January
