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 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 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 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 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
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 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 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 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 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 “Seat” of Arbitration Under the Arbitration Act, 1996 Date of the Judgment: 10 December 2019 Citation: (2019) INSC 1052 Judges: R.F. Nariman, J., Aniruddha Bose, J., V. Ramasubramanian, J. Can a contractual clause specifying a venue for arbitration proceedings also be considered the “seat” of arbitration, thereby determining which courts have jurisdiction
Supreme Court clarifies “commercial dispute” under Commercial Courts Act: Ambalal Sarabhai Enterprises Ltd. vs. K.S. Infraspace LLP (2019) LEGAL ISSUE: Interpretation of “commercial dispute” concerning immovable property under the Commercial Courts Act, 2015. CASE TYPE: Civil, Commercial Dispute Case Name: Ambalal Sarabhai Enterprises Ltd. vs. K.S. Infraspace LLP & Anr. [Judgment Date]: 4 October 2019
