Bringing you the Best Analytical Legal News
“Since disputes had already been subjected to arbitration and culminated in the Arbitral Award, the disputes and differences, including differences over interest payment prior to commencement of arbitration, are issues that are covered by constructive res judicata.”
“One cannot possibly conclude there was no consensus simply because the terms and conditions of the agreement between the parties entailed conciliation and arbitration by a named and pre-agreed Online Dispute Resolution Agency portal.”
“The stamp duty is not a transaction tax, but a duty payable on an instrument, which must be executed to be chargeable.”
“Grave and irreparable harm would continue if a reasonable assessment were not made, and there would be no inconvenience to the husband in paying a slightly larger sum towards the maintenance amounts claimed by the wife.”
“The Mumbai Metro Rail Corporation Limited entered into a contract, entailing the design and construction of specific stations and tunnels in the Mumbai Metro Rail Project, the bid for which was made by L&T-STEC JV Mumbai before the introduction of Goods and Services Tax.”
The defendants were engaged in providing taxi services across Dehradun and Delhi and were marketing themselves as an inter-state national level service, using the name ‘JIO’.
“The issue of under-stamping is often weaponized in arbitral proceedings and used to trip up the adjudication of disputes by way of arbitration. Arbitrators, being private persons, tend to be timid and send the instruments to the Stamp Authorities despite being entitled to compute the stamp duty amount and penalty component themselves.”
“It was made clear that the tender process was not stalled and it could continue until the point of selection of the replacement operator, and only the actual final appointment was to be kept on hold.”
The Court emphasised upon transparency in arbitration proceedings by setting aside an arbitral tribunal’s order which was based on a heavily redacted document. The Court categorically held that allowing parties to squirrel some information into the court record “in sealed cover” undermines every concept of fair justice and openness and transparency in the decision-making process.
“Should Gute Reise be desirous of using its account with Amazon for selling any products other than Victorinox’s branded products, it shall be free to do so, and Amazon shall not stand in the way of Gute Reise selling other products.”
The Court agreed with Hemang Jadavji Shah’s contention that the intention to keep him in custody was to recover the amount that was sought to be settled in the mediation between the petitioner and his family members.
At the most, the petitioner’s act of sharing the post can be termed as an indiscretion by a young student still taking education, but still the Sinhagad Academy of Engineering rusticated her.
Arguing that the LLP is a “third party” to the LLP Agreement is much like arguing that a company is a third party to its own Articles of Association.
“It is now trite law that State agencies cannot hide behind the conventional excuse of bureaucratic delays and inefficiency in the State’s capacity, to condone delays.”
The Court granted injunction in favour of Wonderchef while bearing in mind that free speech cannot be lightly proscribed, and commercial speech formed a part of it.
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.
The writ court must be careful to ensure that outside narrow scope, no intervention is made that interferes with the progress of the election.
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.
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.
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.