THE ARBITRATION CLAUSE IN THE WORK ORDERS/CONSULTING AGREEMENTS WOULD NOT BE BINDING IF MOU, BEING BASE OF THE CLAIM DOES NOT INCLUDE AN ARBITRATION CLAUSE: STATES PUNJAB AND HARYANA HIGH COURT
In a recent judgment1 the High Court of Punjab and Haryana at Chandigarh held that if the claim is based particularly and exclusively on a Memorandum of Understanding, which does not include an arbitration clause,
IN CASE OF FAILURE TO DISCLOSE THE EXCLUSION CLAUSES TO THE INSURED AS PER IRDA REGULATIONS, THE INSURER WON’T BE ABLE TO REPUDIATE THE CONTRACT: STATES SC
SC: Insurance Companies requires to be cautious while rejecting claims and cannot take benefit of exclusion clauses in the Insurance Contract The Hon’ble Supreme Court in its recent judgment1 passed on 9th November 2022 held
What is CBDC and how it works?
[(By Mr. Chitrang Gamot (Associate) co-authored by Ms. Nidhi Singh (Associate Partner)] Digital currency or rupee is an electronic form of money which can be used in contactless transactions. The Reserve Bank of India (RBI)
SUPREME COURT STATES THAT A PETITION TO SET ASIDE AN ARBITRAL AWARD CAN BE FILED BEFORE A HC ONLY IF IT POSSESSES ORIGINAL CIVIL JURISDICTION
The Supreme Court of India, in a recent judgment1 passed by the Bench comprising of Justice M.R. SHAH and Justice M.M. SUNDRESH, held that in absence of a High Court having original jurisdiction, the concerned
SUPREME COURT: MSMED Act, 2006 being special statute shall prevail over Arbitration Act, 1996 in case of apparent conflict: “generalia specialibus non derogant” (General laws do not prevail over Special laws)
The Hon’ble Supreme Court in its landmark judgment dated 31st October 2022 clarified that the Micro, Small, and Medium Enterprises Development Act, 2006 (“MSMED Act, 2006”) is a special law. It has an effect overriding
Insurance company can’t take a defence that did not form the basis of repudiation of the claim: Supreme Court of India
Supreme Court Bench comprising Justices Dinesh Maheshwari and Aniruddha Bose in a recent judgment1 held that in a proceeding against the insurance company for rejection of the claim, it cannot take a defence which did
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