Arbitration Law

Supreme Court clarifies applicability of 2015 Arbitration Amendment Act: Shree Vishnu Constructions vs. Military Engineering Service (2023)

/ Arbitration and Conciliation (Amendment) Act, 2015 with Section 26, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 21, C.T. Ravikumar, Judges, M.R. Shah

Supreme Court clarifies applicability of 2015 Arbitration Amendment Act: Shree Vishnu Constructions vs. Military Engineering Service (2023) LEGAL ISSUE: Applicability of the Arbitration and Conciliation (Amendment) Act, 2015 to court proceedings under Section 11 of the Arbitration and Conciliation Act, 1996, when the arbitration notice was issued before the 2015 amendment but the court application […]

Supreme Court clarifies applicability of 2015 Arbitration Amendment Act: Shree Vishnu Constructions vs. Military Engineering Service (2023) Read Post »

Supreme Court Upholds Termination of Dealership Contract: Indian Oil Corporation Ltd. vs. M/S. Sathyanarayana Service Station (2023)

/ Arbitration, Arbitration Award, B.V. Nagarathna, Contract Law, Contract Law with Clause 3, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 5, Judges, K.M. Joseph, Termination of Contract

Supreme Court Upholds Termination of Dealership Contract: Indian Oil Corporation Ltd. vs. M/S. Sathyanarayana Service Station (2023) LEGAL ISSUE: Whether a dealership agreement can be terminated by either party by giving a three-month notice, and whether the acceptance of such a notice is required for termination. CASE TYPE: Contract Law, Arbitration Case Name: Indian Oil

Supreme Court Upholds Termination of Dealership Contract: Indian Oil Corporation Ltd. vs. M/S. Sathyanarayana Service Station (2023) Read Post »

Supreme Court allows appeal against Andhra Pradesh High Court stay on SIT probe: State of Andhra Pradesh vs. Varla Ramaiah (2023)

/ Corruption Investigation, Executive Powers, Executive Powers with Government Order, Judges, Judicial Intervention, Judicial Review, M. M. Sundresh, M.R. Shah, Principles of Natural Justice

Supreme Court allows appeal against Andhra Pradesh High Court stay on SIT probe: State of Andhra Pradesh vs. Varla Ramaiah (2023) Date of the Judgment: May 03, 2023 Citation: (2023) INSC 427 Judges: M.R. Shah, J. and M. M. Sundresh, J. Can a High Court stay a government-initiated investigation into alleged corruption, especially when the

Supreme Court allows appeal against Andhra Pradesh High Court stay on SIT probe: State of Andhra Pradesh vs. Varla Ramaiah (2023) Read Post »

Supreme Court Upholds Rejection of Arbitration in Complex Multi-Party Dispute: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, Dinesh Maheshwari, Judges, Sudhanshu Dhulia

Supreme Court Upholds Rejection of Arbitration in Complex Multi-Party Dispute: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023) LEGAL ISSUE: Whether a dispute involving multiple parties and agreements, some of which lack arbitration clauses, can be referred to arbitration based on a clause in one of the agreements. CASE TYPE: Arbitration Law Case Name: Gujarat

Supreme Court Upholds Rejection of Arbitration in Complex Multi-Party Dispute: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023) Read Post »

Supreme Court Upholds Non-Arbitrability of Disputes Involving Multiple Agreements: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023)

/ Arbitrability of Disputes, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, Breach of contract, Contract Law, Dinesh Maheshwari, Interpretation of Contracts, Judges, Sudhanshu Dhulia

Supreme Court Upholds Non-Arbitrability of Disputes Involving Multiple Agreements: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023) LEGAL ISSUE: Whether disputes arising from a primary agreement containing an arbitration clause can be referred to arbitration when subsequent agreements, lacking such a clause and involving additional parties, are inextricably linked to the dispute. CASE TYPE: Arbitration

Supreme Court Upholds Non-Arbitrability of Disputes Involving Multiple Agreements: Gujarat Composite Ltd. vs. A Infrastructure Ltd. (2023) Read Post »

Supreme Court Upholds Arbitration in Development Agreement Dispute: Asian Avenues vs. Syed Shoukat Hussain (2023)

/ Abhay S. Oka, Arbitration Agreement, Arbitration Law, Arbitration Law with Section 8, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 11, Judges, Rajesh Bindal, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 31

Supreme Court Upholds Arbitration in Development Agreement Dispute: Asian Avenues vs. Syed Shoukat Hussain (2023) LEGAL ISSUE: Whether a dispute regarding the cancellation of a development agreement can be referred to arbitration, or if it must be adjudicated by a civil court. CASE TYPE: Arbitration Law Case Name: M/S. Asian Avenues Pvt Ltd. vs. Sri

Supreme Court Upholds Arbitration in Development Agreement Dispute: Asian Avenues vs. Syed Shoukat Hussain (2023) Read Post »

Supreme Court quashes criminal proceedings in share pledge dispute: Prakash Aggarwal vs. Ganesh Benzoplast Limited (28 April 2023)

/ Abuse of Process, Arbitration and Conciliation Act, 1996, Arbitration Proceedings, B.R. Gavai, Code of Criminal Procedure, 1973, Contract Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 34, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Inter-Corporate Deposit Agreement, Judges, Letter of Pledge, Vikram Nath

Supreme Court quashes criminal proceedings in share pledge dispute: Prakash Aggarwal vs. Ganesh Benzoplast Limited (2023) LEGAL ISSUE: Whether a criminal case for breach of trust and cheating can be initiated when shares pledged as security are sold by the lender as per the terms of the agreement. CASE TYPE: Criminal Case Name: Prakash Aggarwal

Supreme Court quashes criminal proceedings in share pledge dispute: Prakash Aggarwal vs. Ganesh Benzoplast Limited (28 April 2023) Read Post »

Supreme Court clarifies the enforceability of arbitration agreements in unstamped contracts: N.N. Global Mercantile Private Limited vs. Indo Unique Flame Ltd. & Ors. (25 April 2023)

/ Ajay Rastogi, Aniruddha Bose, Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, C.T. Ravikumar, Hrishikesh Roy, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2(g), Indian Contract Act, 1872 with Section 2(h), Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 35, Judges, K.M. Joseph

Date of the Judgment: 25 April 2023 Citation: INSC 368 of 2023 Judges: K.M. Joseph, J., Aniruddha Bose, J., Ajay Rastogi, J., Hrishikesh Roy, J., and C.T. Ravikumar, J. (Majority opinion by K.M. Joseph, J. with a concurring opinion by C.T. Ravikumar, J. and dissenting opinions by Ajay Rastogi, J. and Hrishikesh Roy, J.) Can

Supreme Court clarifies the enforceability of arbitration agreements in unstamped contracts: N.N. Global Mercantile Private Limited vs. Indo Unique Flame Ltd. & Ors. (25 April 2023) Read Post »

Supreme Court clarifies liability for delay compensation in real estate project: Parsvnath Developers vs. Gagandeep Brar (2023)

/ A.S. Bopanna, Arbitration Awards, Arbitration Law, Consumer Forum, Consumer Law, Contract Law, Contract Law with Clause 9(c), Flat Buyer Agreements, Judges, M.R. Shah, Real Estate Disputes, Tripartite Agreements

Supreme Court clarifies liability for delay compensation in real estate project: Parsvnath Developers vs. Gagandeep Brar (2023) The Supreme Court of India clarifies the responsibility for paying compensation to homebuyers for project delays, addressing a dispute between a developer and a housing board. Can a real estate developer be solely liable for compensation to homebuyers

Supreme Court clarifies liability for delay compensation in real estate project: Parsvnath Developers vs. Gagandeep Brar (2023) Read Post »

Supreme Court clarifies compensation liability in real estate disputes: Parsvnath Developers vs. Gagandeep Brar (2023)

/ A.S. Bopanna, Arbitration Law, Contract Law, Contract Law with Clause 9(c), Enforcement of Award, Interpretation of Clauses, Judges, M.R. Shah

Supreme Court clarifies compensation liability in real estate disputes: Parsvnath Developers vs. Gagandeep Brar (2023) LEGAL ISSUE: Determining the apportionment of liability for compensation between a developer and a housing board in a real estate project delay. CASE TYPE: Consumer. Case Name: Parsvnath Developers Ltd. vs. Gagandeep Brar and Another. Judgment Date: 13 April 2023

Supreme Court clarifies compensation liability in real estate disputes: Parsvnath Developers vs. Gagandeep Brar (2023) Read Post »

Supreme Court settles arbitrability of disputes after settlement agreement in NTPC vs. SPML case (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11(6), Contract Law, Dhananjaya Y Chandrachud, Dispute Resolution, Judges, Pamidighantam Sri Narasimha, Settlement Agreement

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023) LEGAL ISSUE: Whether a dispute is arbitrable after a settlement agreement has been executed and acted upon by the parties. CASE TYPE: Arbitration Law Case Name: NTPC LTD. vs. M/S SPML INFRA LTD. Judgment Date: 10 April 2023 Date of

Supreme Court settles arbitrability of disputes after settlement agreement in NTPC vs. SPML case (2023) Read Post »

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 11(6A), Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Judges, Pamidighantam Sri Narasimha, Section 11, Arbitration and Conciliation Act, 1996

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023) LEGAL ISSUE: Whether a dispute can be referred to arbitration after a settlement agreement has been reached and implemented by the parties. CASE TYPE: Arbitration Law Case Name: NTPC Ltd. vs. M/S SPML Infra Ltd. Judgment Date: 10 April 2023

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023) Read Post »

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