Tag: supreme court

Supreme Court: Executing Court to Consider Questions Limited to Execution of Decree

Saturday November 11, 2023. BY Shubham Khaire and Shivangi Dubey | Civil

In a recent decision[i], the Hon’ble Supreme Court (“SC“)[ii], emphasized that the higher courts hold responsibility to rectify errors in order to ensure efficient administration of justice. The SC further clarified that according to section

Second Petition U/S 482 CR.P.C. Not Maintainable On Grounds Already Available During First Petition: Supreme Court

Friday November 3, 2023. BY Shivangi Dubey & Abdullah Qureshi | Criminal

Recently, the Supreme Court has passed a notable judgment wherein it held that a second petition filed u/s. 482 of the Criminal Procedure Code, 1973 (Cr.P.C.) on grounds that were already available for challenge during

The Non – Non-Arbitrability of Consumer Disputes

The Non – Arbitrability of Consumer Disputes

Monday October 30, 2023. BY Brian Noronha | Arbitration and Conciliation

In a recent decision[i], the Hon’ble Supreme Court (“SC”) has reiterated its stand on the non – arbitrability of consumer disputes under the present Indian dispute resolution regime. In doing so, the SC rejected an

Supreme Court: Straight Jacket formula cannot be applied for granting the divorce on the ground of Irretrievable Breakdown of Marriage under Article 142 of the Constitution of India

Monday October 16, 2023. BY Zoheb Khatri | Civil

In a recent judgement[1], the Hon’ble Supreme Court of India held that the straight jacket formula cannot be applied to granting the divorce by exercising its discretion under Article 142 for dissolving the Marriage between

Writ Petition under Art. 226 Unavailable if Statutory Appeal under Sec. 17 Sarfaesi Act, 2002–Supreme Court

Writ Petition Under Article 226 Cannot Be Entertained When Alternative Statutory Remedy Is Available By Way Of Appeal Under Section 17 Of The Sarfaesi Act, 2002–Supreme Court

Tuesday May 30, 2023. BY Shradha Patil, Malavika Sachin, Abdullah Qureshi | Debt Recovery

The Hon’ble Division Bench of Supreme Court comprising of Justice M.R. Shah and CT Ravikumar in G Vikram Kumar V State Bank of Hyderabad & Ors. vide order dated 02.05.2023[i] held that for any action

Arbitrators fees Under The Fourth Schedule Of A and C Act

Supreme Court Clarifies The Law On Payment Of Fees To Arbitrators

Wednesday March 1, 2023. BY Arbitration Team | Arbitration and Conciliation

The Hon’ble Supreme Court (the SC) in Oil and Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV[1] settled law on applicability of the Fourth Schedule (“the Schedule”) of the Arbitration and Conciliation Act, 1996 (“the

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