Legal Alerts
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...
Accused under UAPA Act are also entitled for bail as per their fundamental right of “Speedy Trial” where they had been in jail for an extended period of time with little possibility of early completion of trial.
The Supreme Court in Union of India Vs. K.A. Najeeb, dated 01.02.21, held that “Even in the case of special legislations like the Terrorist and Disruptive Activities (Prevention) Act, 1987 or the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS”) which too...
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...
Order of Refusal to condone delay in filing an application to set aside the award is appealable under Section 37(1)(c) of the Arbitration Act.
The Supreme Court in Chintels India Ltd. Vs. Bhayana Builders Pvt. Ltd., dated 11.02.21, held that “Consequently, the question of law is answered by stating that an appeal under section 37(1)(c) of the Arbitration Act, 1996 would be maintainable against an order...
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...
Facts and circumstances should be fully established to held the accused guilty on their basis and the Appellate Court can interfere against an Order of Acquittal only when there are perversity.
The Supreme Court in State of Odisha vs. Banabihari Mohapatra & Anr, dated 12.02.21, reiterated that “As held by this Court in Sadhu Saran Singh v. State of U.P. reported in 2016 (4) SCC 357, an appeal against acquittal has always been on an altogether different...