Tag: section 34

Supreme Court: Prior Meeting Not Mandate for Section 34 IPC, Common Intention Can Form During Offence

Prior Meeting of Minds Not a Mandate to Trigger Section 34 IPC, Common Intention Can Form Even During Commission of Offence: Supreme Court

Friday December 8, 2023. BY Shivangi Dubey and Samuel Abraham | Criminal

The Division Bench of the Hon’ble Supreme Court comprising of Justice Abhay S. Oka and Justice Pankaj Mithal in the matter of Ram Naresh v. State of UP has clarified that to attract Section 34

Court Adjudicating Upon Arbitration Award u/s 34 Holds Power to Recalculate Compensation Granted Under NHAI Act: Allahabad High Court

Wednesday November 8, 2023. BY Shivangi Dubey and Aaushi Doshi | Arbitration and Conciliation

Introduction The High Court of Allahabad (“the HC”) in the case of Chandra Kishori (“A1”) v. Union of India Thru. Chairman Of National Highway Authority of India and 2 Others; and Om Prakash (“A2”) v.

Sanctioning Profit loss Claim Without Proof Conflicts with Indian Policy

Sanctioning Claim for Loss of Profit in Absence of Substantial Proof Is in Conflict with Public Policy of India: Apex Court

Friday November 3, 2023. BY Shivangi Dubey & Aaushi Doshi. | Arbitration and Conciliation

Introduction In the context of interpreting an award deemed to be patently illegal and conflicting with public policy, the Supreme Court in M/s. Unibros v. All India Radio[1], clarified that a claim for loss of

SC Echoes Limiting HC Power in Appeal US. 34 - Larsen AC Case

Supreme Court Echoes Curtailing Power Of The High Court While Entertaining Appeal U/S. 34

Friday August 18, 2023. BY Aaushi Doshi and Neeli Sandesara | Arbitration and Conciliation

In a recent appeal in the matter of M/s. Larsen Air Conditioning and Refrigeration Company versus Union of India & Ors.[1], the division bench of the Hon’ble Supreme Court of India (“the SC”) while capturing

In absence of an explicit clause on quantum of interest in a contract, compound interest cannot be awarded: Delhi High Court

Monday March 27, 2023. BY Arbitration Team | Arbitration and Conciliation

In the case of M/s. Modi Construction Company vs. Ircon International Limited[1], the Hon’ble High Court of Delhi (“the Court”) while dealing with appeal filed under Section 34 of the Arbitration and Conciliation Act, 1996

Delhi High Court reiterates its findings on what constitutes non est filing for the purposes of calculating period of limitation.

Wednesday February 8, 2023. BY Aaushi Doshi and Neeli Sandesara | Arbitration and Conciliation

Introduction The High Court of Delhi, in a recent judgement re-iterated the concept of non-est filing in Ambrosia Corner House Private Limited V. Hangro S Foods1. The Court laid out instances that would constitute non-est

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