Commercial Law

Supreme Court clarifies interest liability under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993: Snehadeep Structures vs. MSSIDC (2024)

/ Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration Law, Commercial Contracts, Commercial Law, Interest on Delayed Payments Act

Supreme Court Clarifies Interest Liability under the Interest on Delayed Payments Act: Snehadeep Structures vs. MSSIDC (2024) LEGAL ISSUE: Interpretation of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, specifically regarding the date from which interest is payable and the applicability of the proviso to Section 3. CASE TYPE: […]

Supreme Court clarifies interest liability under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993: Snehadeep Structures vs. MSSIDC (2024) Read Post »

Supreme Court Allows Delayed Written Statements in Commercial Suit: Aditya Khaitan vs. IL&FS (2023)

/ Civil Procedure, Civil Procedure with Order 8 Rule 1, Code of Civil Procedure, 1908, Commercial Courts Act, 2015, Commercial Law, Commercial Law with Section 16, Constitutional Law, Constitutional Law with Article 142

Supreme Court Allows Delayed Written Statements in Commercial Suit: Aditya Khaitan vs. IL&FS (2023) LEGAL ISSUE: Whether the Supreme Court’s orders extending limitation during the COVID-19 pandemic apply to the period for filing written statements in commercial suits, even when the initial period had expired before the extension orders. CASE TYPE: Commercial Suit, Civil Procedure

Supreme Court Allows Delayed Written Statements in Commercial Suit: Aditya Khaitan vs. IL&FS (2023) Read Post »

Supreme Court settles jurisdiction of Commercial Courts in Arbitration Matters: Jaycee Housing Pvt. Ltd. vs. Registrar (General), Orissa High Court (2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 2(1)(e), Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 10, Commercial Courts Act, 2015 with Section 21, Commercial Courts Act, 2015 with Section 3, Judges, Krishna Murari, M.R. Shah

Supreme Court Clarifies Jurisdiction of Commercial Courts in Arbitration Cases LEGAL ISSUE: Whether a Civil Judge (Senior Division) designated as a Commercial Court can hear arbitration matters, given the provisions of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law, Commercial Law Case Name: Jaycee Housing Pvt. Ltd. & Ors. vs. Registrar (General), Orissa

Supreme Court settles jurisdiction of Commercial Courts in Arbitration Matters: Jaycee Housing Pvt. Ltd. vs. Registrar (General), Orissa High Court (2022) Read Post »

Supreme Court clarifies appealability of order for adding a party in Admiralty Suit: Owners and Parties Interested in the Vessel M.V. Polaris Galaxy vs. Banque Cantonale De Geneve (23 September 2022)

/ A. S. Bopanna, Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, Admiralty Law, Admiralty Law with Section 14, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order I Rule 10(2), Commercial Courts Act, 2015, Commercial Law, Commercial Law with Section 13, Indira Banerjee, Judges

Supreme Court clarifies appealability of order for adding a party in Admiralty Suit: Owners and Parties Interested in the Vessel M.V. Polaris Galaxy vs. Banque Cantonale De Geneve (2022) LEGAL ISSUE: Whether an order for adding a party in an admiralty suit is appealable under the Commercial Courts Act, 2015 and the Admiralty (Jurisdiction and

Supreme Court clarifies appealability of order for adding a party in Admiralty Suit: Owners and Parties Interested in the Vessel M.V. Polaris Galaxy vs. Banque Cantonale De Geneve (23 September 2022) Read Post »

Supreme Court Upholds Claim in Paper Supply Dispute: M/S Star Paper Mills Ltd. vs. M/S Beharilal Madanlal Jaipuria Ltd. (2021)

/ Commercial Law, Contract Law, Delhi Sales Tax Act, 1975, Delhi Sales Tax Act, 1975 with Section 4, Delhi Sales Tax Rules, 1975, Delhi Sales Tax Rules, 1975 with Rule 7, Hemant Gupta, Judges, Sales of Goods, V. Ramasubramanian

Supreme Court Upholds Claim in Paper Supply Dispute: M/S Star Paper Mills Ltd. vs. M/S Beharilal Madanlal Jaipuria Ltd. (2021) Date of the Judgment: December 16, 2021 Citation: Civil Appeal No. 4102 of 2013 Judges: Hemant Gupta, J. and V. Ramasubramanian, J. Can a company deny payment for goods received by claiming fraudulent transactions, despite

Supreme Court Upholds Claim in Paper Supply Dispute: M/S Star Paper Mills Ltd. vs. M/S Beharilal Madanlal Jaipuria Ltd. (2021) Read Post »

Supreme Court Extends Limitation Period Due to COVID-19: In Re Cognizance for Extension of Limitation (23 September 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 23(4), Arbitration and Conciliation Act, 1996 with Section 29A, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 12A, Constitutional Law, Constitutional Law with Article 141, Constitutional Law with Article 142, Judges, L. Nageswara Rao, N.V. Ramana, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, Surya Kant

Supreme Court Extends Limitation Period Due to COVID-19: In Re Cognizance for Extension of Limitation (2021) LEGAL ISSUE: Extension of limitation period for legal proceedings due to the COVID-19 pandemic. CASE TYPE: Public Interest Litigation. Case Name: In Re: Cognizance for Extension of Limitation. Judgment Date: 23 September 2021 Date of the Judgment: 23 September

Supreme Court Extends Limitation Period Due to COVID-19: In Re Cognizance for Extension of Limitation (23 September 2021) Read Post »

Supreme Court Clarifies Rules for Additional Documents in Commercial Suits: Sudhir Kumar vs. Vinay Kumar (2021)

/ Aniruddha Bose, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII, Code of Civil Procedure, 1908 with Order XI, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 16, Commercial Litigation, Judges, M. R. Shah

Supreme Court Clarifies Rules for Additional Documents in Commercial Suits: Sudhir Kumar vs. Vinay Kumar (2021) LEGAL ISSUE: Procedure for filing additional documents in commercial suits. CASE TYPE: Commercial Litigation Case Name: Sudhir Kumar @ S. Baliyan vs. Vinay Kumar G.B. [Judgment Date]: September 15, 2021 Date of the Judgment: September 15, 2021 Citation: 2021

Supreme Court Clarifies Rules for Additional Documents in Commercial Suits: Sudhir Kumar vs. Vinay Kumar (2021) Read Post »

Supreme Court clarifies the enforceability of foreign arbitral awards between two Indian parties: PASL Wind Solutions vs. GE Power Conversion (20 April 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 2(1)(f), Arbitration and Conciliation Act, 1996 with Section 44, B.R. Gavai, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 10, Hrishikesh Roy, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 23, Indian Contract Act, 1872 with Section 28, International Commercial Arbitration, Judges, R.F. Nariman

Date of the Judgment: 20 April 2021 Citation: 2021 INSC 208 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can two Indian companies choose a foreign country as the seat of arbitration? The Supreme Court of India addressed this important question in a recent judgment, clarifying the scope of “foreign awards” under the

Supreme Court clarifies the enforceability of foreign arbitral awards between two Indian parties: PASL Wind Solutions vs. GE Power Conversion (20 April 2021) Read Post »

Supreme Court Clarifies Limitation for Section 37 Appeals under Arbitration Act: Government of Maharashtra vs. Borse Brothers (2021)

/ Appeals from Arbitral Orders, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 37, B.R. Gavai, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 13, Hrishikesh Roy, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 29, Limitation Act, 1963 with Section 5, R.F. Nariman

Supreme Court Clarifies Limitation for Section 37 Appeals under Arbitration Act: Government of Maharashtra vs. Borse Brothers (2021) Date of the Judgment: March 19, 2021 Citation: (2021) INSC 149 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can delays in filing appeals under Section 37 of the Arbitration and Conciliation Act, 1996 be

Supreme Court Clarifies Limitation for Section 37 Appeals under Arbitration Act: Government of Maharashtra vs. Borse Brothers (2021) Read Post »

Supreme Court extends limitation period due to COVID-19: In Re Cognizance for Extension of Limitation (2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 23(4), Arbitration and Conciliation Act, 1996 with Section 29A, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 12A, Judges, L. Nageswara Rao, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 138, S. A. Bobde, S. Ravindra Bhat

Supreme Court extends limitation period due to COVID-19: In Re Cognizance for Extension of Limitation (2021) LEGAL ISSUE: Extension of limitation period due to COVID-19 pandemic. CASE TYPE: Suo Motu Writ Petition (Civil). Case Name: In Re: Cognizance for Extension of Limitation. Judgment Date: March 8, 2021 Date of the Judgment: March 8, 2021 Citation:

Supreme Court extends limitation period due to COVID-19: In Re Cognizance for Extension of Limitation (2021) Read Post »

Supreme Court Clarifies Jurisdiction in Design Cancellation Cases: S.D. Containers vs. Mold Tek Packaging (2020)

/ Ajay Rastogi, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 21, Commercial Courts Act, 2015 with Section 3, Commercial Courts Act, 2015 with Section 7, Design Act, 2000, Design Act, 2000 with Section 19, Design Act, 2000 with Section 22, Design Act, 2000 with Section 4, Hemant Gupta, Judges, L. Nageswara Rao

Supreme Court Clarifies Jurisdiction in Design Cancellation Cases: S.D. Containers vs. Mold Tek Packaging (2020) LEGAL ISSUE: Determining the correct court for design cancellation cases when a counterclaim is filed in a suit for design infringement. CASE TYPE: Intellectual Property Law, specifically Design Law Case Name: S.D. Containers Indore vs. M/s. Mold Tek Packaging Ltd.

Supreme Court Clarifies Jurisdiction in Design Cancellation Cases: S.D. Containers vs. Mold Tek Packaging (2020) Read Post »

Supreme Court Clarifies Timelines for Filing Written Statements in Non-Commercial Cases: Desh Raj vs. Balkishan (2020) INSC 24

/ B.R. Gavai, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VIII Rule 1, Commercial Courts Act, 2015, Commercial Courts Act, 2015 with Section 16, Commercial Courts Act, 2015 with Section 2(c), Judges, Order VIII Rule 1, S. A. Bobde, Surya Kant

Supreme Court Clarifies Timelines for Filing Written Statements in Non-Commercial Cases LEGAL ISSUE: Whether the timeline for filing a written statement in a non-commercial civil suit is mandatory or directory under Order VIII Rule 1 of the Code of Civil Procedure, 1908. CASE TYPE: Civil Case Name: Desh Raj vs. Balkishan [Judgment Date]: 20 January

Supreme Court Clarifies Timelines for Filing Written Statements in Non-Commercial Cases: Desh Raj vs. Balkishan (2020) INSC 24 Read Post »

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