Tag: supreme court

india law

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

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

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

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

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

Article 137 of Limitation Act

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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