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The arbitral tribunals are not strictly constrained by the CPC's technicalities when exercising their authority under Section 17 of the A&C Act, according to the Calcutta High Court. The Court ruled that while the fundamental CPC principles must serve as a guide for the tribunals while granting interim relief, strict technicalities cannot preclude the tribun..

According to the Allahabad High Court, the Court is only required to take into account the terms of the Bank Guarantee Agreement and not the provisions in the main Contract between the parties, in terms of which the guarantee was provided, when dealing with an application under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act), seeking to prevent..

Introduction In the world, the entire legal system works on the basis of two methods that aim to dispense justice and provide effective dispute-resolution mechanisms to each and every individual in society. These two systems of dispute resolution mechanisms can be claimed as ‘Adversarial’ and ‘Inquisitorial&..

The High Court of Delhi has ruled that there can be no arbitration when the arbitration clause's scope is restricted to the number of damages solely if the insurance company's duty to pay is acknowledged. The Justice V. Kameshwar Rao bench ruled that the insurance company is not bound by the Surveyor's recommendatio..

The Bombay High Court has stated once more that the rules of the Code of Civil Procedure, 1908 do not have the same scope of authority as Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act), which gives courts the authority to award temporary protective orders (CPC). It decided that in deciding an application under Section 9 of the A&C Act, pro..

Introduction Section 304 IPC lays down Punishment for culpable homicide, not amounting to Murder. The offence of Culpable Homicide can be conducted either by knowledge, intention, or both to cause the death of another person. It elucidates that “Whoever intends to cause the death o..

FACTS The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has concluded that Section 154 of the Income Tax Act, 1961 can only be used by the Assessing Officer to correct inaccuracies that are obvious on the face of the record. The bench consisting of Judge Aby T. Varkey and Vice..

The Airport Express metro line was terminated logically within three months after Delhi Airport Metro Express Pvt Ltd (DAMEPL) withdrew from operating it due to safety concerns, and the Supreme Court ordered the Delhi High Court to carry out the execution of the Rs 4,600 crore arbitration award granted in favour of DAMEPL. DAME..

The Kerala High Court highlighted that many innocent people had been wrongfully accused under the SC/ST (POA) Act. The Court made this observation while hearing an anticipatory bail application: "It is astonishing, rather mind-boggling, that many innocent persons are victims of false implication under the SC/ST (POA) Act.&..

The Delhi High Court has rejected a review petition that challenged the court's interpretation of the noscitur a sociis and ejusdem generis principles in a recent ruling, saying they are intended to be exceptions to the applicability of an expression's normal etymological meanings in the statute. The principle of ejusde..

High Court of Allahabad held that the Chief Metropolitan Magistrate (CMM) or District Magistrate (DM) acting under Section 14 of Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 shall not be required to give notice to the borrower during decision stage or while passing order related to possession of the sec..

KEY TAKEAWAYS On December 3, 2015, Mr D.V. Sadananda Gowda, the Minister for Law and Justice, introduced the Arbitration and Conciliation (Amendment) Bill, 2015. The Arbitration and Conciliation Act 1996 is amended by the bill. The Lok Sabha approved the bill. It attempts to imp..

Supreme Court Bench comprising Justices M.R. Shah and M.M Sundreshheld that Section 45 (4) of the Income Tax Act applies to dissolution cases and cases of subsisting partners of a partnership, transferring assets in favor of a retiring partner. The assessee was the respondent and a partnership firm that initially consi..

The Supreme Court set aside a conviction of murder of a man for killing his wife and altered it as a conviction under Section 304 Part II IPC. When the court found that the incident happened inthe spur of the moment, the accused immediately tried to take his wife to the hospital. li style="text-align: justify;"..

Key takeaways The New Companies Law in Saudi Arabia, which is in accordance with the Kingdom's 2030 Vision, brings about fresh reforms, permits more flexibility, protects corporate interests, strengthens the private sector, and adheres to the global standards. The "Join..