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Arbitral Tribunal Has Committed Patent Illegality In The Award As Findings On Some Issues Are Contradicted By The Findings On Other Issues Held The Delhi HC: Arbitral Award Set Aside

   01 September 2022 at 10:44

The arbitral award directing ISRO’s antrixto pay USD $ 562 million with interest to Devas as damages for unlawfully terminating a deal. Justice Sanjeev Sachdeva held that the award dated in 2015 suffered from patent illegalities and fraud and ..

Posted in Others |   43 Views

No Notice Ought To Be Issued To The Subject Prior To Issuance Of Look Out Circular: Karnataka High Court

   31 August 2022 at 10:27

The Karnataka High Court ruled that no notice should be given to the subject of the Look out circular before it is issued. Harshavardhan Rao K, the petitioner, is accused of sexually abusing their son in a case filed by his estranged wife under the ..

Posted in Others |   36 Views

Section 10A Is Not Applicable To Proceedings Against Personal Guarantors Under Insolvency & Bankruptcy Code, 2016: NCLAT New Delhi

   29 August 2022 at 17:47

Mr. Barun Mitra of the National Company Law Appellate Tribunal, New Delhi, recently held that Section 10A of the Insolvency and Bankruptcy Code, 2016 is not applicable to proceedings against personal guarantors under Section 95 of the Code. The App ..

Posted in Others |   34 Views

2018 Amendment To Specific Relief Act Prospective: Cannot Apply To Transactions Which Took Place Prior To 1.10.2018: Supreme Court

   29 August 2022 at 17:47

The Supreme Court ruled that the 2018 amendment to the Specific Relief Act is prospective and cannot apply to transactions that occurred before its effective date [1.10.2018]. While hearing an appeal arising from a specific performance suit, the be ..

Posted in Others |   40 Views

Some Kind Of Physical Manifestation Of Agreement Is Required To Attract Offence Of Criminal Conspiracy U/Sec 120B IPC: Supreme Court

   29 August 2022 at 15:08

The Supreme Court observed that the offence of Criminal Conspiracy under Section 120B of the Indian Penal Code requires some kind of physical manifestation of agreement to commit an offence. In this case, all of the accused were employees of the Ce ..

Posted in Others |   43 Views

Appeal Challenging The Case Of M N G Bharateesh Reddy Vs Ramesh Ranganathan Decided: Breach Of Contracts Does Not Necessarily Constitute An Offence

   29 August 2022 at 10:24

Supreme Court ruled that breach of contractual terms don’t Ipso Facto constitute the offence without there being a clear case of entrustment. The bench of Justices Dhananjaya Y Chandrachud and A S Bopanna was dealing with the case of M N G Bha ..

Posted in Others |   35 Views

Section 151 Of The CPC Can Be Invoked Only When No Other Remedy Is Available Highlights The Supreme Court Quashing The High Court’s Order

   27 August 2022 at 11:00

The apex Court recently held that the inherent powers of the court under section 151 of the Code of Civil Procedure (CPC) can only be applicable if there is no alternate remedy available in accordance with the law. Section 151 of the Code of Civil P ..

Posted in Others |   49 Views

Plea Bargaining Is With Respect To The Sentence, It Does Not Affect The Nature Of The Offence, Highlights The Supreme Court

   27 August 2022 at 11:00

The apex court noticed that at times the accused have hesitancy in accepting their conviction under a particular offence which may lead to other civil consequences. The reluctance of accused persons to avail "plea bargaining" option due to ..

Posted in Others |   33 Views

Order VII Rule 11 CPC: Only Plaint Averments Can Be Examined While Considering Application For Rejection Of Plaint: Supreme Court

   26 August 2022 at 15:16

When considering an application under Order 7 Rule 11 of the Code of Civil Procedure, the averments in the plaint alone are to be examined. In this case, the High Court of Karnataka granted the defendant's revision petition but dismissed the pla ..

Posted in Others |   47 Views

NCLT Decision Upheld By NCLAT: Claim In Respect To Goods And Services In A Licensed Agreement Comes Under The Ambit Of Operational Debt

   25 August 2022 at 12:32

The National Company Law Appellate Tribunal ("NCLAT"),adjudicated an appeal filed in Somesh Choudhary v Knight Riders Sports Private Limited &Ors. And has held that claims arising out of grant of an exclusive right and license to use ..

Posted in Others |   42 Views

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