This article discusses the Supreme Court's clarification on Section 29A(5) of the Arbitration and Conciliation Act, addressing whether an application for extending the time limit to pass an arbitral award can be filed after the expiry of the prescribed period. Learn how the court's ruling affects arbitration timelines and tribunal mandates
The Supreme Court in SBI General Insurance Co. Ltd. vs. Krish Spinning (2024) held that arbitration can be invoked even after a full and final settlement if allegations like coercion or economic duress are present. The Court reaffirmed minimal judicial intervention in Section 11 petitions under the Arbitration Act, limiting courts to verifying the existence of an arbitration agreement without delving into merits, in line with the Competence-Competence principle.
Supreme Court clarifies the scope of inquiry under Section 202 CrPC and the distinction between criminal breach of trust and cheating, emphasizing the need for careful scrutiny in issuing summons in criminal cases involving commercial transactions.
The above legal maxim was referred to in a recent Apex Court judgment propounded by Hon’ble Justice C.T. Ravikumar, J. in the case of Sudeep Chatterjee v. State…
The Supreme Court’s judgment in Alifiya Husenbhai Keshariya v. Siddiq Ismail Sindhi upholds the fundamental right of indigent litigants to file an appeal without payment of court fees under Section 173 of the Motor Vehicle Act. Analyzing Orders XXXIII and XLIV of the CPC, the Court reiterates that lack of funds should not impede legal remedies. It discusses the concept of an ‘indigent person’ and the duty of courts to conduct proper inquiries before denying the ability to file appeals/suits without initial court fees, ensuring the poor are not priced out of the justice system.
Calcutta HC judgment upholds landowners’ rights, directs Income Tax Dept to pay rent arrears based on CPWD rates, slams arbitrary actions denying legitimate claims from citizens.”
Explore the Supreme Court’s detailed analysis in Rajesh Kumar vs. Anand Kumar & Ors., focusing on contract validity, personal testimony, and specific performance in land sale disputes. Learn about key precedents cited and their implications in specific performance suits and the importance of adhering to limitation periods.
The above quote was referred to by a bench comprising Justice Sanjiv Khanna and Justice Dipankar Datta while deciding the issue pertaining to the recent appointment of election…
Discover The Supreme Court’s landmark judgment in Tarsem Lal vs Directorate of Enforcement demystifies arrest powers under PMLA when the Special Court seizes cognizance on the complaint preferred under Section 44(1)(b) of PMLA. Get insights on the court’s findings, interplay of PMLA and CrPC, applicability of anticipatory bail, and implications for accused and agencies
Discover the Supreme Court’s landmark ruling on Section 102(3) Cr.P.C. and its impact on seizure reporting delays. Learn about the balance between procedural compliance and police powers, the implications for law enforcement, and the protection of citizens’ rights. Get insights into the court’s authoritative pronouncement and its significance for legal professionals.
Supreme Court invokes ‘nullus commodum capere potest de injuria sua propria’ maxim, denies damages to contractor who challenged tender conditions after participating. Writ petitions impermissible for contractual disputes.
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Lex Summary
