SUPREME COURT STATES THAT A PETITION TO SET ASIDE AN ARBITRAL AWARD CAN BE FILED BEFORE A HC ONLY IF IT POSSESSES ORIGINAL CIVIL JURISDICTION

The Supreme Court of India, in a recent judgment1 passed by the Bench comprising of Justice M.R. SHAH and Justice M.M. SUNDRESH, held that in absence of a High Court having original jurisdiction, the concerned

SUPREME COURT: MSMED Act, 2006 being special statute shall prevail over Arbitration Act, 1996 in case of apparent conflict: “generalia specialibus non derogant” (General laws do not prevail over Special laws)

The Hon’ble Supreme Court in its landmark judgment dated 31st October 2022 clarified that the Micro, Small, and Medium Enterprises Development Act, 2006 (“MSMED Act, 2006”) is a special law. It has an effect overriding

Insurance company can’t take a defence that did not form the basis of repudiation of the claim: Supreme Court of India

Supreme Court Bench comprising Justices Dinesh Maheshwari and Aniruddha Bose in a recent judgment1 held that in a proceeding against the insurance company for rejection of the claim, it cannot take a defence which did

No Contrary View Can Be taken by Labour Court Once Order of Termination approved by the Industrial Tribunal: Supreme Court

The Hon’ble Supreme Court recently held that the order passed by Industrial Tribunal.1 is binding. The views of Industrial Tribunal being higher forum attains finality and no contrary view can be taken by the Labour

L&T Realty v/s L&T Raintree Boulevard Welfare Association:

ALOTTEES NOT PERMITTED TO USE NAME OF PROJECT HAVING TRADEMARK OF PROMOTER         vs      On 11th October 2022, the Hon’ble Bombay High Court in the matter of L&T Realty Developers

Margin Money is not included as Security Interest under the IBC and is not an asset of the Corporate Debtor: NCLAT Principal Bench

The Hon’ble Division Bench, National Company Law Appellate Tribunal, (NCLAT) Principal Bench-New Delhi, comprising of Justice Anant Bijay Singh, Member (Judicial) and Ms. Shreesha Merla, Member (Technical) in Punjab National Bank v. Supriyo Kumar Chaudhari and Ors.1

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