R.F. Nariman

Supreme Court Upholds Foreign Award Against Non-Signatories Under Alter Ego Doctrine: Gemini Bay Transcription Pvt. Ltd. vs. Integrated Sales Service Ltd. (2021) INSC 482 (10 August 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 44, Arbitration and Conciliation Act, 1996 with Section 48, B.R. Gavai, Breach of contract, Contract Law, Contract Law with Alter Ego Doctrine, Enforcement of Foreign Awards, Judges, R.F. Nariman

Supreme Court Upholds Foreign Award Against Non-Signatories Under Alter Ego Doctrine Date of the Judgment: 10 August 2021 Citation: (2021) INSC 482 Judges: R.F. Nariman, J and B.R. Gavai, J. The judgment was authored by R.F. Nariman, J. Can a foreign arbitral award be enforced against entities that were not direct signatories to the arbitration […]

Supreme Court Upholds Foreign Award Against Non-Signatories Under Alter Ego Doctrine: Gemini Bay Transcription Pvt. Ltd. vs. Integrated Sales Service Ltd. (2021) INSC 482 (10 August 2021) Read Post »

Supreme Court Upholds Contractual Terms: PSA Sical Terminals Loses Appeal Against V.O. Chidambaranar Port Trust (28 July 2021)

/ Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Arbitration Law, B.R. Gavai, Contract Law, Contract Law with Article 14, Interpretation of Contracts, Judges, R.F. Nariman

Supreme Court Upholds Contractual Terms: PSA Sical Terminals vs. V.O. Chidambaranar Port Trust (2021) LEGAL ISSUE: Interpretation of “Change in Law” clause in a contract and the extent of the Arbitral Tribunal’s power to modify contractual terms. CASE TYPE: Arbitration Law, Contract Law Case Name: PSA Sical Terminals Pvt. Ltd. vs. The Board of Trustees

Supreme Court Upholds Contractual Terms: PSA Sical Terminals Loses Appeal Against V.O. Chidambaranar Port Trust (28 July 2021) Read Post »

Supreme Court Declares Part IXB of Constitution Ultra Vires for State Co-operative Societies: Union of India vs. Rajendra N Shah (2021)

/ B.R. Gavai, Constitutional Law, Constitutional Law with Article 246, Constitutional Law with Article 368, Fundamental Rights, Judges, K.M. Joseph, R.F. Nariman

Supreme Court Declares Part IXB of Constitution Ultra Vires for State Co-operative Societies LEGAL ISSUE: Constitutional validity of Part IXB of the Constitution of India concerning co-operative societies. CASE TYPE: Constitutional Law Case Name: Union of India vs. Rajendra N Shah & Anr. Judgment Date: 20 July 2021 Introduction Date of the Judgment: 20 July

Supreme Court Declares Part IXB of Constitution Ultra Vires for State Co-operative Societies: Union of India vs. Rajendra N Shah (2021) Read Post »

Supreme Court settles the scope of Section 34 of the Arbitration and Conciliation Act, 1996 in land acquisition cases under the National Highways Act, 1956 (20 July 2021)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, B.R. Gavai, Constitutional Law, Constitutional Law with Article 12, Constitutional Law with Article 136, Judges, Land Acquisition, National Highways Act, 1956, National Highways Act, 1956 with Section 3G, R.F. Nariman

Supreme Court Clarifies Scope of Section 34 of Arbitration Act in National Highway Land Acquisition Cases Date of the Judgment: 20 July 2021 Citation: [Not Available in Source] Judges: R.F. Nariman, J and B.R. Gavai, J. Can a court modify an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, or is

Supreme Court settles the scope of Section 34 of the Arbitration and Conciliation Act, 1996 in land acquisition cases under the National Highways Act, 1956 (20 July 2021) Read Post »

Supreme Court Directs Affiliation for Pharmacy Colleges: Sri Sai RR Institute of Pharmacy vs. Dr. A.P.J. Abdul Kalam Technical University (2021)

/ Affiliation of Colleges, B.R. Gavai, Education Law, Judges, K.M. Joseph, Pharmacy Act, 1948, Pharmacy Education, R.F. Nariman, Technical Education

Supreme Court Directs Affiliation for Pharmacy Colleges: Sri Sai RR Institute of Pharmacy vs. Dr. A.P.J. Abdul Kalam Technical University (2021) Date of the Judgment: July 06, 2021 Citation: 2021 INSC 428 Judges: R.F. Nariman, J., K.M. Joseph, J., B.R. Gavai, J. Can a technical university deny affiliation to pharmacy colleges when the Pharmacy Council

Supreme Court Directs Affiliation for Pharmacy Colleges: Sri Sai RR Institute of Pharmacy vs. Dr. A.P.J. Abdul Kalam Technical University (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 the role of balance sheets in acknowledging debt under the Insolvency and Bankruptcy Code (IBC): Asset Reconstruction Company vs. Bishal Jaiswal (2021)

/ B.R. Gavai, Companies Act, 2013, Companies Act, 2013 with Section 129, Corporate Insolvency Resolution Process, Financial Statements, Hrishikesh Roy, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 18, R.F. Nariman

Supreme Court Clarifies the Role of Balance Sheets in Acknowledging Debt under IBC Date of the Judgment: April 15, 2021 Citation: (2021) INSC 218 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can a company’s balance sheet serve as valid proof of debt acknowledgment, thereby extending the limitation period for initiating insolvency proceedings?

Supreme Court clarifies the role of balance sheets in acknowledging debt under the Insolvency and Bankruptcy Code (IBC): Asset Reconstruction Company vs. Bishal Jaiswal (2021) Read Post »

Supreme Court Directs University to Grant Affiliation to Pharmacy Colleges: VIIT Pharmacy College vs. Dr. A.P.J. Abdul Kalam Technical University (2021)

/ Affiliation of Colleges, B.R. Gavai, Education Law, Hrishikesh Roy, Judges, Pharmacy Act, 1948, Pharmacy Council of India, R.F. Nariman, Regulation of Pharmacy Education, Writ Jurisdiction

Supreme Court Directs University to Grant Affiliation to Pharmacy Colleges: VIIT Pharmacy College vs. Dr. A.P.J. Abdul Kalam Technical University (2021) LEGAL ISSUE: Whether a University can deny affiliation to pharmacy colleges when the Pharmacy Council of India (PCI) has granted approval and the State Government has given conditional affiliation. CASE TYPE: Education Law, Writ

Supreme Court Directs University to Grant Affiliation to Pharmacy Colleges: VIIT Pharmacy College vs. Dr. A.P.J. Abdul Kalam Technical University (2021) Read Post »

Supreme Court settles the binding nature of Resolution Plans on Government bodies in Insolvency Cases (13 April 2021)

/ B.R. Gavai, Constitutional Law, Constitutional Law with Article 32, Hrishikesh Roy, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 31, Judges, R.F. Nariman, Resolution Plan

Supreme Court Clarifies Binding Nature of Resolution Plans on Government Bodies Date of the Judgment: 13 April 2021 Citation: (2021) INSC 210 Judges: B.R. Gavai, J., R.F. Nariman, J., Hrishikesh Roy, J. Can a resolution plan approved under the Insolvency and Bankruptcy Code, 2016 (I&B Code) bind government bodies, including tax authorities? The Supreme Court

Supreme Court settles the binding nature of Resolution Plans on Government bodies in Insolvency Cases (13 April 2021) Read Post »

Supreme Court settles interpretation of tender conditions in contract law: M/S Utkal Suppliers vs. M/S Maa Kanak Durga Enterprises & Ors. (09 April 2021)

/ B.R. Gavai, Contract Labour (Regulation and Abolition) Act, 1970, Contract Labour (Regulation and Abolition) Act, 1970 with Section 1(4), Contract Law, Interpretation of Contracts, Judges, Judicial Review, Orissa Shops and Commercial Establishments Act, 1956, Orissa Shops and Commercial Establishments Act, 1956 with Section 4, R.F. Nariman, Tender Disputes

Supreme Court Clarifies Tender Requirements: Utkal Suppliers vs. Maa Kanak Durga Enterprises (2021) LEGAL ISSUE: Whether a High Court can substitute its interpretation of tender conditions for that of the tendering authority. CASE TYPE: Contract Law, Tender Disputes Case Name: M/S Utkal Suppliers vs. M/S Maa Kanak Durga Enterprises & Ors. [Judgment Date]: 09 April

Supreme Court settles interpretation of tender conditions in contract law: M/S Utkal Suppliers vs. M/S Maa Kanak Durga Enterprises & Ors. (09 April 2021) Read Post »

Supreme Court Upholds Winding Up Order in Debt Dispute: Shital Fibers Ltd. vs. Indian Acrylics Limited (6 April 2021)

/ B.R. Gavai, Companies Act, 1956, Companies Act, 1956 with Section 433, Companies Act, 1956 with Section 434, Hrishikesh Roy, Judges, R.F. Nariman, Winding Up

Supreme Court Upholds Winding Up Order in Debt Dispute: Shital Fibers Ltd. vs. Indian Acrylics Limited (2021) LEGAL ISSUE: Whether a company can be wound up for failure to pay a debt when the company claims a dispute over the quality of goods supplied. CASE TYPE: Company Law/Insolvency Case Name: Shital Fibers Ltd. vs. Indian

Supreme Court Upholds Winding Up Order in Debt Dispute: Shital Fibers Ltd. vs. Indian Acrylics Limited (6 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 »

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