Once an Arbitral Tribunal is constituted the Court cannot take up an application Under Section 9 of the Arbitration Act for consideration unless the remedy under Section 17 is inefficacious. However, once an application is entertained in the sense it is taken up for consideration, and the Court has applied its mind to the Court can certainly proceed to adjudicate the application.

Arcelor Mittal Nippon Steel India Ltd. Versus Essar Bulk Terminal Ltd., AIR 2021 SC 4350 The Supreme Court on application under section 9 of Arbitration Act in Arcelor Mittal Nippon Steel India Ltd. Versus Essar Bulk Terminal Ltd., AIR 2021 SC 4350 held that: “It is...

Cheque issuer has to prove that Cheque was not drawn in discharge of liability, where an issued blank cheque gets bounced after being presented in bank for specific amount, otherwise liable for criminal liability under N.I. Act which also includes fine upto twice the cheque amount along with simple interest @ 9% per annum as payment of compensation to victim.

The Supreme Court in M/s. Kalamani Tex & Anr. Vs. P. Balasubramanian, dated 10.02.2021, held that “Even if we take the arguments raised by the appellants at face value that only a blank cheque and signed blank stamp papers were given to the respondent, yet the...

Probate is necessary only when the wills are made within the territory of Calcutta, Madras and Bombay or when the wills are made regarding the property situated in the territory of the aforesaid states as per the Indian Succession Act, 1925.

The Supreme Court in Ravinder Nath Agarwal vs. Yogender Nath Agarwal, dated 12.02.21, held that “A   cumulative   reading   of   Sections   57,   213   and   264   would show: (i)  that a person claiming to be an executor or legatee under a Will cannot rely upon the...