Supreme Court Restricts Amendment of Pleadings to Challenge Mortgages: Asian Hotels (North) Ltd. vs. Alok Kumar Lodha & Ors. (2022) LEGAL ISSUE: Whether a plaintiff can amend their suit to challenge mortgages on a property when their original suit concerns the revocation of a license agreement. CASE TYPE: Civil. Case Name: Asian Hotels (North) Ltd. […]
Supreme Court Holds Avitel in Contempt for Not Maintaining USD 60 Million Balance: HSBC PI Holdings vs. Pradeep Shantipershad Jain (2022) LEGAL ISSUE: Whether non-compliance with a court order to maintain a specific bank balance constitutes contempt of court, even if the order is executable through other means. CASE TYPE: Contempt of Court Case Name:
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 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 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 Clarifies Jurisdictional Seat of Arbitration: BBR (India) vs. S.P. Singla Constructions (2022) LEGAL ISSUE: Determination of the jurisdictional seat of arbitration when a new arbitrator is appointed and conducts proceedings at a different location. CASE TYPE: Arbitration Law Case Name: BBR (India) Private Limited vs. S.P. Singla Constructions Private Limited [Judgment Date]: 18
Group of Companies Doctrine: Supreme Court refers to Larger Bench (2022) LEGAL ISSUE: Applicability of the Group of Companies Doctrine in Arbitration Law CASE TYPE: Arbitration Case Name: Cox and Kings Limited vs. SAP India Private Limited & Another [Judgment Date]: 6 May 2022 Can a non-signatory to an arbitration agreement be bound by it
Supreme Court Clarifies Termination of Arbitrator Mandate Under Section 14 of the Arbitration Act: Swadesh Kumar Agarwal vs. Dinesh Kumar Agarwal (2022) Date of the Judgment: May 5, 2022 Citation: 2022 INSC 427 Judges: M. R. Shah, J. and B.V. Nagarathna, J. Can a High Court, in an application under Section 11(6) of the Arbitration
Supreme Court Clarifies Interest Calculation Under Section 31(7) of the Arbitration Act: Delhi Airport Metro vs. Delhi Metro Rail (2022) LEGAL ISSUE: Whether the “sum” awarded under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 includes interest pendente lite. CASE TYPE: Arbitration Law Case Name: Delhi Airport Metro Express Private Limited vs. Delhi Metro
Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022) LEGAL ISSUE: Legislative competence of a State to enact laws impacting arbitration and encroachment on judicial power. CASE TYPE: Civil Appellate Jurisdiction Case Name: The Secretary to Govt. of Kerala, Irrigation Department and Others vs. James Varghese and Others Judgment Date: 04 May 2022 Introduction
Kerala Arbitration Act Overruled: Supreme Court Upholds Judicial Power (2022) Read Post »
Supreme Court Clarifies Moratorium Impact on Corporate Debtor’s Arbitration Claims: New Delhi Municipal Council vs. Minosha India Limited (2022) INSC 423 LEGAL ISSUE: Whether a moratorium under the Insolvency and Bankruptcy Code (IBC) extends the limitation period for a corporate debtor to initiate arbitration proceedings. CASE TYPE: Arbitration, Insolvency Case Name: New Delhi Municipal Council
Supreme Court clarifies Group of Companies Doctrine in Arbitration: ONGC vs. Discovery Enterprises (2022) LEGAL ISSUE: Applicability of the Group of Companies Doctrine in arbitration proceedings to bind non-signatory parties. CASE TYPE: Arbitration Law Case Name: Oil and Natural Gas Corporation Ltd. vs. M/s Discovery Enterprises Pvt. Ltd. & Anr. [Judgment Date]: 27 April 2022
