Tag: supreme court
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DUOMATIC PRINCIPLE, HOW IT CAN BE ESTABLISHED?
The Supreme Court bench comprising Justices Vineet Saran and JK Maheshwari held in a recent judgment1 that the Duomatic Principle is applicable even in the Indian context which states that ‘Strict adherence to a statutory
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ARBITRAL TRIBUNAL CAN NOT ORDER INTERIM DEPOSIT OF DISPUTED AMOUNT, WHERE THE LIABILITY IS IN DISPUTE: Supreme Court
The Supreme Court bench comprising Justices M.R. Shah and B.V. Nagarathna held, in a recent judgment1 Arbitral Tribunal (“Tribunal”) cannot pass an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 (the
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SALARIES OF THOSE EMPLOYESS WHO WORKED DURING CIRP CONSTITUTE CIRP COSTS & PROVIDENT FUND, GRATUITY FUND TO BE KEPT OUT OF THE LIQUIDATION ESTATE
The Supreme Court bench comprising of Justices MR Shah and Aniruddha Bose in the recent Judgement1 held that: – the wages or salaries of only such workmen/employees, who worked during the Corporate Insolvency Resolution Process
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An Arbitral Award can be set aside only when it is vitiated by patent illegality: SUPREME COURT
The Supreme Court, in a recent judgement1, delivered on 30th March 2022, noted that apart from the grounds mentioned in Section 34(2)(b) of the Arbitration and Conciliation Act, 2013 (the “Act”), an arbitral award can
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Letter of Intent not a binding contract unless such an intention is evident from its terms
The Supreme Court in South Eastern Coalfields Ltd & Others vs. M/s S Kumar’s Associations AKM (JV)[1] ruled that a Letter of Intent (“LoI”) is not a binding contract unless such an intention is evident
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Admissibility of Arbitration Clause in Insufficient Stamped Agreement
A three bench judge of the Supreme Court comprising of CJI S.A. Bobde, Justice BR Gavai and Justice Surya Kant in a recent judgment M/s Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & Other Charities
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