Justice Somasekhar Sundaresan Archives

Question regarding substance of existence of agreement can only be determined by Arbitral Tribunal: Bombay HC

Even if it is presumed that signing an agreement with an arbitration clause can be regarded as submission of a (non-existent) dispute to arbitration, it will not follow that as a matter of law, since there will be no implied authority to execute such a contract. All these are issues that will pose mixed questions of fact and law and will relate to the substance of existence rather than the form of existence, i.e., a written agreement.

Case Briefs High Courts

[Maharashtra Legislative Assembly Elections] ‘Courts can interfere only to facilitate election’s progress’; Bombay HC disposes of petition filed by candidate against rejected nomination

The writ court must be careful to ensure that outside narrow scope, no intervention is made that interferes with the progress of the election.

Case Briefs High Courts

Multiple marriage registrations by a Muslim male allowed under Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998: Bombay High Court

Section 7(1)(a) of the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998 contemplates that the Registrar must ensure that the marriage between parties is performed in accordance with the personal law of the parties and under the personal laws for Muslims, they are entitled to have four wives at a time.

Events/Webinars News

“Arbitration Bar cannot be a weekend Bar”: Justice Somasekhar Sundaresan at India ADR Week 2024

Day 2 and 3 of India Alternative Disputes Resolution Week 2024 in Mumbai featured intense discussions on sports arbitration, appointment of experts as arbitrators and modification of arbitral awards.

Case Briefs High Courts

Without valid justification, no request for adjournment/filing affidavit-in-reply will be considered, except on payment of costs: Bombay High Court

Respondents cannot have an approach that the orders passed by this Court issuing specific directions are rendered meaningless and the proceedings are to be listed only to be adjourned.