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

Arbitrability of dispute cannot be considered in appeal if not raised at earlier stage

Summary In the recent judgment of Chitaranjan Maity v Union of India, the Hon’ble Supreme Court of India dealt with the issue of whether the arbitrability of a dispute can be considered for the first time in an appeal, the Supreme Court relied upon its previous decisions and held that a question of jurisdiction is… Read More Arbitrability of dispute cannot be considered in appeal if not raised at earlier stage

Lexis®India Newsletter – Issue 19 • October 2017

Landmark Judgements 1. The Supreme Court of India, in Vasant Rao Guhe vs. State of Madhya Pradesh, had held that the prosecution has failed to prove beyond all reasonable doubt the charge of criminal misconduct under Section 13(1)(e) of the Prevention of Corruption Act, 1988 and punishable under Section 13(2) thereof against the Appellant/accused. [(2017)… Read More Lexis®India Newsletter – Issue 19 • October 2017

Mandatory To Raise An Application Under Section 8 Of The Act In Front Of A Judicial Authority Only And To Be Analysed In View Of Existence Of A Dispute.

Mini Summary– Application under Section 8 of the Arbitration and Conciliation Act, 1996- For referring disputes raised in the plaint to arbitration- discussion as to who is a judicial authority under Section 8- also discussed what constitutes a dispute. News Update: An application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred… Read More Mandatory To Raise An Application Under Section 8 Of The Act In Front Of A Judicial Authority Only And To Be Analysed In View Of Existence Of A Dispute.