Indu Malhotra Archives

Arbitration Clause Superseded: Supreme Court Appoints Sole Arbitrator in GR Green Life Energy vs. Leitwind Shriram Manufacturing Dispute (22 February 2021)

February 22, 2021 / Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Indu Malhotra, Judges, Micro, Small and Medium Enterprises Development Act, 2006, Micro, Small and Medium Enterprises Development Act, 2006 with Section 24

Supreme Court Appoints Sole Arbitrator in GR Green Life Energy vs. Leitwind Shriram Manufacturing Dispute (2021) LEGAL ISSUE: Appointment of a Sole Arbitrator by the Supreme Court, superseding the original arbitration clause. CASE TYPE: Arbitration Case Name: GR Green Life Energy Pvt. Ltd. vs. Leitwind Shriram Manufacturing Pvt. Ltd. Judgment Date: 22 February 2021 Introduction […]

Arbitration Clause Superseded: Supreme Court Appoints Sole Arbitrator in GR Green Life Energy vs. Leitwind Shriram Manufacturing Dispute (22 February 2021) Read Post »

Supreme Court Clarifies Arbitration Law Applicability in Cross-Border Contract Dispute: Punatsangchhu Hydroelectric Project vs. Larsen & Toubro (2021)

February 22, 2021 / Ajay Rastogi, Alternative Dispute Resolution Act, 2013 (Bhutan), Arbitration & Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11(6), Contract Law, Contractual Interpretation, Indu Malhotra, Judges

Supreme Court Clarifies Arbitration Law Applicability in Cross-Border Contract Dispute: Punatsangchhu Hydroelectric Project vs. Larsen & Toubro (2021) LEGAL ISSUE: Applicability of Indian Arbitration and Conciliation Act, 1996 versus Bhutan’s Alternative Dispute Resolution Act, 2013 in a contract with a clause specifying Indian law as a guide. CASE TYPE: Arbitration Case Name: Punatsangchhu – 1

Supreme Court Clarifies Arbitration Law Applicability in Cross-Border Contract Dispute: Punatsangchhu Hydroelectric Project vs. Larsen & Toubro (2021) Read Post »

Supreme Court Upholds Life Sentence for Double Murder of Minors: Gauri Shankar vs. State of Punjab (2021)

February 16, 2021 / Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 230, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Indu Malhotra, Judges, Offences Against Human Body

Supreme Court Upholds Life Sentence for Double Murder of Minors: Gauri Shankar vs. State of Punjab (2021) LEGAL ISSUE: Whether the Trial Court can impose a life sentence to mean the remainder of natural life. CASE TYPE: Criminal Case Name: Gauri Shankar vs. State of Punjab Judgment Date: 16 February 2021 Date of the Judgment:

Supreme Court Upholds Life Sentence for Double Murder of Minors: Gauri Shankar vs. State of Punjab (2021) Read Post »

Arbitration Re-Initiated: Supreme Court Orders Fresh Adjudication in NHAI vs. Progressive Construction Dispute (12 February 2021)

February 12, 2021 / Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 26, Arbitration and Conciliation Act, 1996 with Section 29A, Arbitration Law, Arbitration Law with Section 34, Indu Malhotra, Judges, Judicial Review of Arbitral Awards

Supreme Court Orders Fresh Arbitration in NHAI vs. Progressive Construction Dispute (2021) LEGAL ISSUE: Whether an arbitral award can be set aside on the ground of incorrect inferences drawn from documents and non-consideration of vital evidence. CASE TYPE: Arbitration. Case Name: National Highways Authority of India vs. M/s. Progressive Construction Ltd. Judgment Date: 12 February

Arbitration Re-Initiated: Supreme Court Orders Fresh Adjudication in NHAI vs. Progressive Construction Dispute (12 February 2021) Read Post »

Supreme Court Stays Additional Police Sub-Inspector Appointments: Gajanan Bansode vs. State of Maharashtra (2021)

February 5, 2021 / Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 320, Indu Malhotra, Judges, L. Nageswara Rao, Recruitment Rules, Service Law, Service Law with Rule 5 of the Police Sub-Inspector (Recruitment) Rules, 1995, Vineet Saran

Supreme Court Stays Additional Police Sub-Inspector Appointments: Gajanan Bansode vs. State of Maharashtra (2021) LEGAL ISSUE: Whether the State Government can appoint additional candidates beyond the notified vacancies for the post of Police Sub-Inspector without consulting the Maharashtra Public Service Commission (MPSC) and violating the prescribed recruitment rules. CASE TYPE: Service Law Case Name: Gajanan

Supreme Court Stays Additional Police Sub-Inspector Appointments: Gajanan Bansode vs. State of Maharashtra (2021) Read Post »

Supreme Court clarifies the definition of “related party” under the Insolvency and Bankruptcy Code: Phoenix Arc vs. Spade Financial (2021)

February 1, 2021 / Dhananjaya Y Chandrachud, Indira Banerjee, Indu Malhotra, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 21(2), Insolvency and Bankruptcy Code, 2016 with Section 5(24), Judges, Related Party

Supreme Court Clarifies “Related Party” Definition under IBC: Phoenix Arc vs. Spade Financial (2021) LEGAL ISSUE: Definition of “related party” under the Insolvency and Bankruptcy Code, 2016 (IBC). CASE TYPE: Insolvency Law Case Name: Phoenix Arc Private Limited vs. Spade Financial Services Limited & Ors. [Judgment Date]: 1 February 2021 Introduction Date of the Judgment:

Supreme Court clarifies the definition of “related party” under the Insolvency and Bankruptcy Code: Phoenix Arc vs. Spade Financial (2021) Read Post »

Supreme Court Revives Transfer Petition, Cites Error in Initial Order: Rajendra Khare vs. Swaati Nirkhi and Ors. (28 January 2021)

January 28, 2021 / Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 406, Constitution of India, Constitution of India with Article 137, Indu Malhotra, Judges, Order XLVII, Supreme Court Rules, 2013, Order XXXIX, Supreme Court Rules, 2013, Supreme Court Rules, 2013, Transfer of Criminal Cases

Supreme Court Revives Transfer Petition, Cites Error in Initial Order Date of the Judgment: 28 January 2021 Citation: (2021) INSC 23 Judges: Ashok Bhushan, J. and Indu Malhotra, J. Can an order of the Supreme Court be reviewed if a party was not heard? The Supreme Court of India, in this case, addressed this crucial

Supreme Court Revives Transfer Petition, Cites Error in Initial Order: Rajendra Khare vs. Swaati Nirkhi and Ors. (28 January 2021) Read Post »

Supreme Court Upholds Denial of MBBS Admissions for Deficient Medical College: Chintpurni Medical College vs. Union of India (28 January 2021)

January 28, 2021 / Indian Medical Council Act, 1956, Indian Medical Council Act, 1956 with Section 10A, Indian Medical Council Act, 1956 with Section 11(2), Indian Medical Council Act, 1956 with Section 19, Indu Malhotra, Judges, L. Nageswara Rao, S. Abdul Nazeer

Supreme Court Upholds Denial of MBBS Admissions for Deficient Medical College: Chintpurni Medical College vs. Union of India (2021) LEGAL ISSUE: Whether a medical college can be permitted to admit students without a fresh inspection after being debarred for deficiencies. CASE TYPE: Medical Education Law Case Name: Chintpurni Medical College and Hospital & Anr. vs.

Supreme Court Upholds Denial of MBBS Admissions for Deficient Medical College: Chintpurni Medical College vs. Union of India (28 January 2021) Read Post »

Supreme Court Upholds Labour Court Decision: State of Uttarakhand vs. Smt. Sureshwati (2021)

January 20, 2021 / Disciplinary Inquiry, Indu Malhotra, Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 with Section 23, Judges, L. Nageswara Rao, Navin Sinha

Supreme Court Upholds Labour Court Decision: State of Uttarakhand vs. Smt. Sureshwati (2021) LEGAL ISSUE: Whether the High Court was correct in reversing the Labour Court’s award based on the lack of a disciplinary inquiry, when the Labour Court had already considered all the evidence presented by both parties. CASE TYPE: Labour Law Case Name:

Supreme Court Upholds Labour Court Decision: State of Uttarakhand vs. Smt. Sureshwati (2021) Read Post »

Supreme Court Appoints Sole Arbitrator Due to Ineligibility of Government Official: Haryana Space Application Centre vs. Pan India Consultants (20 January 2021)

January 20, 2021 / Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12(5), Arbitration and Conciliation Act, 1996 with Section 29A(6), Indu Malhotra, Judges, L. Nageswara Rao, Seventh Schedule, Arbitration and Conciliation Act, 1996

Supreme Court Appoints Sole Arbitrator Due to Ineligibility of Government Official: Haryana Space Application Centre vs. Pan India Consultants (2021) Date of the Judgment: 20 January 2021 Citation: (2021) INSC 21 Judges: L. Nageswara Rao J., Indu Malhotra J., Ajay Rastogi J. Can a government official, who is part of the management of a state

Supreme Court Appoints Sole Arbitrator Due to Ineligibility of Government Official: Haryana Space Application Centre vs. Pan India Consultants (20 January 2021) Read Post »

Supreme Court Upholds NGT Order: Illegal Hotel Demolition in Himachal Pradesh Forest Land (12 January 2021)

January 12, 2021 / Dhananjaya Y Chandrachud, Forest (Conservation) Act, 1980, Forest (Conservation) Act, 1980 with Section 2, Himachal Pradesh Bus Stand Management and Development Authority Act, 1999, Himachal Pradesh Bus Stand Management and Development Authority Act, 1999 with Section 14(3)(e), Indira Banerjee, Indu Malhotra, Judges, Non-Forest Purpose

Supreme Court Upholds NGT Order: Illegal Hotel Demolition in Himachal Pradesh Forest Land LEGAL ISSUE: Violation of the Forest (Conservation) Act, 1980 by constructing a hotel on forest land designated for a bus stand and parking. CASE TYPE: Environmental Law Case Name: Himachal Pradesh Bus Stand Management and Development Authority (HPBSM&DA) vs. The Central Empowered

Supreme Court Upholds NGT Order: Illegal Hotel Demolition in Himachal Pradesh Forest Land (12 January 2021) Read Post »

Supreme Court Rules on Delay in Apartment Possession: IREO Grace Realtech Pvt. Ltd. vs. Abhishek Khanna & Others (2021)

January 11, 2021 / Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 14, Consumer Protection Act, 1986 with Section 2(1)(r), Dhananjaya Y Chandrachud, Haryana Fire Safety Act, 2009, Haryana Fire Safety Act, 2009 with Section 15, Indira Banerjee, Indu Malhotra, Judges, Unfair Trade Practices

Supreme Court Rules on Delay in Apartment Possession: IREO Grace Realtech Pvt. Ltd. vs. Abhishek Khanna & Others (2021) LEGAL ISSUE: Determination of the date for calculating the deadline for handing over possession of an apartment, and the enforceability of one-sided contractual terms in apartment buyer agreements. CASE TYPE: Consumer Protection Case Name: IREO Grace

Supreme Court Rules on Delay in Apartment Possession: IREO Grace Realtech Pvt. Ltd. vs. Abhishek Khanna & Others (2021) Read Post »