Lexis®India Newsletter • Issue 3 • February 2018

Landmark Judgements 1. The Supreme Court of India, in Indira Jaising vs. Supreme Court of India, Through Secretary General and Others, has held that the designation of ‘Advocates’ as ‘Senior Advocates’ as provided for in Section 16 of the Advocates Act, 1961, would pass the test of constitutionality and the endeavour should be to lay… Read More Lexis®India Newsletter • Issue 3 • February 2018

Lexis®India Newsletter • Issue 24 • December 2017

Landmark Judgements 1. The Madras High Court, in A. Ranganayaki and Another vs. Chief Manager, Southern Railway, Park Town, Chennai – 600 003 and Another, has held that the learned Single Judge was not correct in dismissing the writ petition filed by the Appellants on the ground of availability of alternative remedy. [(2017) 8 MLJ… Read More Lexis®India Newsletter • Issue 24 • December 2017

Lexis®India Newsletter • Issue 22 • November 2017

Landmark Judgements 1. The Supreme Court of India, in Raptakos, Brett and Co. Ltd. vs. Ganesh Property, has held that  the possession of the Appellant-Company for the period under consideration, pursuant to orders passed by the High Court and this Court, cannot in any view be considered as illegal or unauthorized or that of a… Read More Lexis®India Newsletter • Issue 22 • November 2017

An Arbitral Tribunal has the Inherent Power to Recall Its Order of Termination in the Event of Default in Filing the Statement of Claim under Section 25(A) of the Arbitration and Conciliation Act, 1996

Mini Summary Appeal to the Supreme Court arose against the order of the High Court which had held that the Arbitral Tribunal can recall its own order given under Section 25(a) of the Arbitration and Conciliation Act 1996,-The Arbitral Tribunal had terminated the Arbitration proceedings after the Claimant failed to submit the Statement of Claim… Read More An Arbitral Tribunal has the Inherent Power to Recall Its Order of Termination in the Event of Default in Filing the Statement of Claim under Section 25(A) of the Arbitration and Conciliation Act, 1996

Lexis®India Newsletter • Issue 21 • November 2017

Landmark Judgements 1. The Supreme Court of India, in Adiveppa and Others vs. Bhimappa and Another, has held that it was obligatory upon the Plaintiffs to have proved that despite existence of jointness in the family, properties described in Schedule ‘B’ and ‘C’ was not part of ancestral properties but were their self-acquired properties. [(2017)… Read More Lexis®India Newsletter • Issue 21 • November 2017

Tribunal can now file contempt in relevant court against parties violating its orders

News Update Appeal to the Hon’ble Supreme Court arose from the judgment of the Bombay High Court dated 27 October, 2015 where the issue was that the Hon’ble Bombay High Court had construed section 27(5) of the Arbitration and Conciliation Act, 1996, in a restrictive manner. In the present case, the interim order of the… Read More Tribunal can now file contempt in relevant court against parties violating its orders