THE ARBITRATOR FALLS FOUL OF SECTION 34(2)(a) (ⅳ): DELHI HIGH COURT

-Report by Shreya Gupta In the case of UNIVERSITY OF DELHI Vs. M/S KALRA ELECTRICALS, the two parties Delhi University and M/S Kalra Electricals were the former was the petitioner and the latter was the respondent. The dispute between the parties arose from a work contract and the dispute was referred to the arbitration forRead More

Rectification jurisdiction of the NCLT u/s 59 of the Companies Act, 2003

–Report by Prapti Prajeeta In this case of IFB AGRO INDUSTRIES LIMITED vs SICGIL INDIA LIMITED, the court determined the forum appropriate for adjudication and determination of violations of SAST and SEBI Regulations. In this case, the contention that under Section 59 the National Company Law Tribunal exercises a parallel jurisdiction with the Securities andRead More

SC: TENDER PREFERRED OVER FIRST CUM FIRST SERVICES

–Report by Nawvi Kamalnathan The petition was filed under Article 136 of the Indian Constitution in the name of M/S Indian Medicines Pharmaceuticals Corporation Ltd Versus Kerala Ayurvedic Co-Operative Society Ltd. & Ors. to be heard before Judges on the matter concerning tenders as the preferable method to procure contracts with the state over other discretionary andRead More

One can’t Levy Charges after signing the Contract – Supreme Court

–Report by Nawvi Kamalnathan In the case of The Chief Engineer, Water Resources Department and Others (hereinafter referred to as appellants) Versus Rattan India Power Limited through its Director and Others (hereinafter referred to as respondents) the important issue of, the party signing the contract is entitled to the amount of consideration or not wasRead More

IS THE PARTY TO THE CONTRACT ENTITLED TO QUESTION THE CONSIDERATION AFTER SIGNING IT?

–Report by Harishri In the case of The Chief Engineer, Water Resources Department & Ors. Versus Rattan India Power Limited through its Director & Ors., the appeal was filed by the State of Maharashtra against the judgement of the Division Bench of the High Court of Judicature at Bombay, whereby the High Court has reducedRead More

The Doctrine of Last seen theory has its Limitation

-Report by Nawvi Kamalnathan In the case of Jabir and Others (hereinafter referred to as the appellants) Versus the State of Uttarakhand (hereinafter referred to as the respondents) the Supreme Court has decoded the need to understand the time frame between seeing the accused or deceased to the actual offence having occurred and thus theRead More

If subsequent purchaser has locus to challenge the acquisition and/or lapsing of the acquisition?

-Report by Pragati Prajeeta In the case of Delhi Development Authority Vs Manpreet Singh with Govt. of NCT of Delhi Through Secretary Land & Building Department vs Manpreet Singh, a common question of law and facts arose in appeals out of the impugned judgment and order passed by the High Court, and hence both theRead More

CASES TO CONSIDER OF BAIL & APPLICATION SHOULD NOT INFLUENCE THE OUTCOME

–Report by Anjali Pandey Without commenting further on the merits of the case, keeping the facts and circumstances in mind and the fact that the trial is likely to take some time, I am satisfied that the applicant has made out a case for a grant of regular bail. In the event of there being any FIR/DD entry/Read More

SUPREME COURT DISMISSED SLP. RELATED TO THE RIGHT TO INFORMATION

-Report by Gaurav Raj The special leave petition in the case ANJALI BHARADWAJ v/s CPIO, was dismissed by the Supreme court on 9th December because one cannot rely on news articles and reports. FACT Feeling aggrieved by the decision of the Delhi high court, the petitioner filed an appeal by Special Leave in the SupremeRead More