An Arbitral Award can be set aside only when it is vitiated by patent illegality: SUPREME COURT

The Supreme Court, in a recent judgement1, delivered on 30th March 2022, noted that apart from the grounds mentioned in Section 34(2)(b) of the Arbitration and Conciliation Act, 2013 (the “Act”), an arbitral award can

An Adjudication is Final for Incidental or Connected Matters: Madras High Court

In the recent judgment1 the Honorable Justice Mr. N. Anand Venkatesh in the High Court of Madras held that an adjudication is final and conclusive not only to the matter adjudicated but also to matter

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NCLT CAN ISSUE NON BAILABLE WARRANT AGAINST PERSON UNDER IBC: NCLAT

National Company Law Appellate Tribunal (“NCLAT”) in Vikram Puri vs Universal Builders1 held that the adjudicating authority has jurisdiction under Insolvency and Bankruptcy Code 2016 (“IBC”) to issue non-bailable warrant against persons. The decision was

india law

Section 138 of NI Act: Prima facie materials to show the authority of the representative sufficient for magistrate to take cognizance

Supreme Court in TRL Krosaki Refractories vs SMS Asia Pvt Ltd1 held that in a cheque bounce case when a complainant/ payee is a company then an authorized representative can represent the company. A bench headed

Breach of Main Contract no ground for stopping payment under Bank Guarantee

Recently, the Delhi High Court, in Satish Kansal vs Synergy Tradeco NV and others, reiterated that letter of credits (LC)/bank guarantees are independent of the main contract and a dispute under the main contract cannot

RERA CAN ENTERTAIN COMPLAINTS FILED BY HOME BUYERS AGAINST BANKS

The Apex Court of the country reiterated in Union Bank of India vs Rajasthan Real Estate Regulatory Authority & Ors.1 that in case of conflict between the Real Estate (Regulation and Development) Act (“RERA Act”)

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