Tag: supreme court
Supreme Court: Straight Jacket formula cannot be applied for granting the divorce on the ground of Irretrievable Breakdown of Marriage under Article 142 of the Constitution of India
In a recent judgement[1], the Hon’ble Supreme Court of India held that the straight jacket formula cannot be applied to granting the divorce by exercising its discretion under Article 142 for dissolving the Marriage between
Writ Petition Under Article 226 Cannot Be Entertained When Alternative Statutory Remedy Is Available By Way Of Appeal Under Section 17 Of The Sarfaesi Act, 2002–Supreme Court
The Hon’ble Division Bench of Supreme Court comprising of Justice M.R. Shah and CT Ravikumar in G Vikram Kumar V State Bank of Hyderabad & Ors. vide order dated 02.05.2023[i] held that for any action
Supreme Court Clarifies The Law On Payment Of Fees To Arbitrators
The Hon’ble Supreme Court (the SC) in Oil and Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV[1] settled law on applicability of the Fourth Schedule (“the Schedule”) of the Arbitration and Conciliation Act, 1996 (“the
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
No Contrary View Can Be taken by Labour Court Once Order of Termination approved by the Industrial Tribunal: Supreme Court
The Hon’ble Supreme Court recently held that the order passed by Industrial Tribunal.1 is binding. The views of Industrial Tribunal being higher forum attains finality and no contrary view can be taken by the Labour
Limitation period for filing applications under I&B Code
The Hon’ble Supreme Court, in Tech Sharp Engineers Private Limited v. Sanghvi Movers Limited (Civil Appeal No. 296 of 2020), on September 19, 2022, held “a claim may not be barred by limitation, it is
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