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Supreme Court

Supreme Court Dismisses Appeals in Arbitration Act Case Regarding Foreign Award Enforcement. Non-Signatory Parties Not Bound by Arbitration Agreement Under Alter Ego Doctrine for Enforcement Under Part II of Arbitration and Conciliation Act, 1996.

10 Aug 2021

The Supreme Court of India heard civil appeals concerning the recognition and enforcement of foreign awards under Part II of the Arbitration and Conci...

Supreme Court

Supreme Court Allows NCDC's Appeal in Income Tax Dispute Over Deduction of Grants as Revenue Expenditure. Grants disbursed by a statutory corporation as part of its business are deductible under Section 37 of the Income Tax Act, 1961, regardless of the capital nature of the source funds.

11 Sep 2020

The National Co-operative Development Corporation (NCDC), established under the National Co-operative Development Corporation Act, 1962, is a statutor...

Supreme Court

Supreme Court Enforces Foreign Award in Two-Tier Arbitration — Holds ICC Award Enforceable Despite Prior Indian Award. Two-Tier Arbitration Clause Valid Under Indian Law; Natural Justice Opportunity Afforded to Respondent.

2 Jun 2020

The dispute arose from a contract between Centrotrade Minerals and Metals Inc., a US corporation, and Hindustan Copper Ltd. (HCL) for the sale of copp...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case Due to Liberal Interpretation of Delay Condonation Under Section 173 of Motor Vehicles Act, 1988. High Court Erred in Dismissing Delay Condonation Application for 45 Days Without Considering Beneficial Nature of Legislation.

1 Jan 2020

The appeal arose from a motor accident claim where the deceased, aged 26, died in a collision with a negligently parked truck on 15.04.2011. The appel...

Supreme Court

Supreme Court Allows Appeal in Arbitration Dispute — Restores Arbitral Award for Compensation for Unproductive Use of Machinery. Court Holds That High Court Exceeded Its Jurisdiction Under Section 34 of Arbitration and Conciliation Act, 1996 by Reappreciating Evidence and Substituting Its Own View.

18 Dec 2019

The Supreme Court allowed the appeal filed by M/s. Dyna Technologies Pvt. Ltd. against the judgment of the Madras High Court, which had set aside an a...

Supreme Court

Supreme Court Dismisses Appeal Against Arbitral Award Due to Excessive Delay in Filing Section 37 Appeal. Delay of 189 days beyond 90-day statutory period cannot be condoned as it exceeds the maximum permissible delay of 120 days under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 5 of the Limitation Act, 1963.

6 Dec 2019

The case arose from an arbitral award dated 19.12.2006 made by Justice K.N. Saikia, a retired Supreme Court judge. The award was challenged under Sect...

Supreme Court

Supreme Court Allows Evidence in Section 34 Proceedings for Proving Grounds to Set Aside Arbitral Award. The Court held that while proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 are summary, parties may adduce evidence by affidavit to prove grounds under Section 34(2), but no issues need be framed.

23 Sep 2019

The case involves an appeal against a High Court order that permitted respondents to adduce evidence in proceedings under Section 34 of the Arbitratio...

Supreme Court

Supreme Court Allows Appeal in Summary Suit for Recovery of Dues — Conditional Leave to Defend Set Aside. Unconditional Withdrawal of Criminal Prosecution Under Negotiable Instruments Act and Lack of Explanation for Delayed Cheques Indicate No Admission of Debt, Entitling Defendant to Unconditional Leave to Defend.

15 Jul 2019

The Supreme Court considered an appeal against an order granting conditional leave to defend in a summary suit filed by Polycab Wires Pvt. Ltd. agains...

Supreme Court

Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

10 Apr 2019

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

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