Explained| Does failure to publish an advertisement lead to the automatic dismissal winding up petition?
Supreme Court: In the case where the bench of Hemant Gupta and V. Ramasubramanian*, JJ upheld NCLAT’s order of winding up of
fraud
“Can’t allow Devas and its shareholders to reap the benefits of their fraudulent action”; SC upholds NCLAT’s order to wind up Devas
“If the seeds of the commercial relationship between Antrix and Devas were a product of fraud perpetrated by Devas, every part of the plant that grew out of those seeds, such as the Agreement, the disputes, arbitral awards etc., are all infected with the poison of fraud.”
Why did CCI suspend the Amazon-Future deal? Detailed analysis of CCI order imposing Rs 202 crores penalty on Amazon
Competition Commission of India (CCI): Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) in view of
Does failure to disclose mental disorder before marriage constitute perpetration of fraud so as to grant divorce? Del HC decides
Delhi High Court: While stating that, Marriage is not made of only happy memories and good times, and two people in a
Bank not a trustee of money deposited by Customers; Supreme Court holds the relationship between customer and Bank is one of a creditor and a debtor and not of a trustee
Supreme Court: The 3-Judge Bench of N.V. Ramana, CJ., Surya Kant* and Hima Kohli, JJ., held that the Bank is not the
Law on Fraud | Registration of document by public officer while discharging public duty: A Fraudulent activity? AP HC decides
Andhra Pradesh High Court: M. Satyanarayana Murthy, J., expressed that, “If a party to the document wants to annul the document, he
Opening Pandora’s Box | Whether valuation of lost gold can be determined as on date when reimbursement is made by insurer? NCDRC determines
National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) while addressing the appeal, expressed that: If the valuation of the lost
When can decree on admission be passed? Madras HC explains how general admission of facts v. admission of claim, makes difference
Madras High Court: Dr G. Jayachandran, J., refused to pass a decree in favour of the plaintiff who relied on general admission
Ker HC | Malevolent intention is not essential to cruelty; HC grants divorce on the ground of cruelty for making false allegation of impotency
Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that false allegation of impotency amounts to
Arbitrability of Fraud: Is the Anomaly Solved
by Shuchi Sejwar* and Arpit Lahoti**
NCDRC | If an employee of a stockbroker conducted fraudulent arbitrage operations for personal benefit causing loss to stockbroker company, would that be covered under ‘Fidelity’ clause of an insurance claim? Read on
National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member) while partly allowing
Definition of “Fraud” under the Companies Act: A case of a blurred signpost to criminality
by Bharat Chugh†
Cite as: 2021 SCC OnLine Blog Exp 7
Demystifying the Arbitrability of Fraud
by Amit Jajoo*, Anamika Singh** & Bhargav Kosuru***
Signature obtained by fraud? Burden of proof is on the party alleging such forgery; says SC
Supreme Court: The bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has held that for invoking Section 17 of the Limitation Act,
Ker HC | If a wife obtains husband’s consent for marriage by suppressing material facts like cardiac ailments, would that amount to fraud? Bench explains whether marriage can be declared null & void
Kerala High Court: A Division Bench of A.M. Shaffique and Mary Joseph, JJ., upheld the Family Court’s decision wherein the wife obtained the
Kar HC | Unless fraudulent act proved, limitation for suits by or on behalf of State or Centre not maintainable after 30 years
Karnataka High Court: M.I. Arun, J. allowed the writ petition and declared the show cause notice or any subsequent proceeding as null
Ori HC | Default in Flat Buyer Agreement given a criminal colour of cheating and fraud under Penal Code 1860; Filing of Criminal Complaint about settling Contractual Disputes is Abuse of Process of Law
Orissa High Court: S. K. Panigrahi J., granted bail and directed the petitioner company to pay the amount in accordance with the
Jharkhand State Open School a sham; SC ‘reluctantly’ refuses to allow students with JSOS certificates to continue their courses at APJAKTU
Supreme Court: The 3-judge bench of SA Kaul, Aniruddha Bose and Krishna Murari, JJ ‘reluctantly’ dismissed an SLP arising out of a
How to determine if an allegation of fraud falls under “Fraud Exception”to Arbitrability? SC elaborates
Supreme Court: The bench of RF Nariman and Navin Sinha, JJ has held that “serious allegations of fraud” as a ground for
Ker HC | Can person with physical infirmities seriously affecting cognitive functions file suit through ‘next friend’?
Kerala High Court: A Division Bench of S.V. Bhati and Bechu Kurian Thomas, JJ., addressed an issue pertaining to the following terms, Total