Arbitration and Conciliation (Amendment) Act, 2021
On 11th March, 2021, the Central Government has notified the ‘The Arbitration and Conciliation (Amendment) Act, 2021’. The Amendment Act is deemed
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ICDR | International Dispute Resolution Procedures, modified
The International Centre for Dispute Resolution (ICDR) issued a revised set of rules to the ICDR Dispute Resolution Procedures (including the Mediation
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Section 195(1)(b)(i) CrPC doesn’t bar prosecution by Investigation Agency against persons producing false evidence at the stage of investigation: Supreme Court
“Just like a private party who has been a victim of forgery committed outside the precincts of the Court, the investigative agency should not be left remediless against persons producing false evidence for the purpose of interfering with the investigation process.”
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Explained: Scope of judicial interference in election matters relating to delimitation of constituencies and allotment of seats, specifically in municipal elections
Supreme Court: The 3-judge bench of RF Nariman*, BR Gavai and Hrishikesh Roy, JJ reiterated the law relating to the bar to
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Appointment of Government official as Election Commissioner “a mockery of the constitutional mandate”; ECs must be independent: Supreme Court
“All State Election Commissioners appointed under Article 243K in the length and breadth of India have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government.”
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COVID-19 | New York Legislature Passes COVID-19 Vaccine Paid Leave Law
The New York Legislature has passed COVID-19 Vaccine Paid Leave Bill under the New York Paid Sick Leave Law. The Bill grants
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Malaysia | The Emergency (Employees’ Minimum Standards of Housing, Accommodations and Amenities) (Amendment) Ordinance 2021 By
The Emergency (Employees’ Minimum Standards of Housing, Accommodations and Amenities) (Amendment) Ordinance 2021[1] came into operation on 26th February, 2021. The Amendment
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Explained: Waiver| An intentional relinquishment of a right; an agreement not to assert a right: Supreme Court
“Waiver is an intentional relinquishment of a right. It involves conscious abandonment of an existing legal right, advantage, benefit, claim or privilege.”
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India | Cabinet approves PLI Scheme for Pharmaceuticals
The Ministry of Chemicals and Fertilizers have notified Production Linked Incentive Scheme (PLI) for Pharmaceuticals on 3rd March, 2021[1]. Indian pharmaceutical industry
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‘Commercial wisdom of Committee of Creditors is not to be interfered with’; Supreme Court sheds light on the limited scope of interference by NLAT/NCLAT
“The limited judicial review, which is available, can in no circumstance trespass upon a business decision arrived at by the majority of CoC.”
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In what circumstances can a criminal proceeding be quashed? Supreme Court yet again answers the “hotly debated” question on scope of exercise of HCs’ power under Section 482 CrPC
“The exercise of inherent power of the High Court is an extraordinary power which has to be exercised with great care and circumspection before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the case is the rarest of rare case, to scuttle the prosecution at its inception.”
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3 years’ limitation period ‘unduly long’; Necessary for Parliament to fill the vacuum by prescribing a specific period of limitation under Section 11 of the Arbitration and Conciliation 1996: SC
3 years is an unduly long period for filing an application under Section 11, since it would defeat the very object of the Act, which provides for expeditious resolution of commercial disputes within a time bound period.
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SC calls for amendment to Sections 11(7) & 37 of the Arbitration and Conciliation Act, 1996 to bring Sections 8 & 11 at par on appealability. Read how Vidya Drolia judgment has led to an anomaly
Supreme Court: In the light of the “prima facie” test laid down last year in Vidya Drolia v. Durga Trading Corporation, (2021) 2
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Interpreting ‘similar words’ in ‘distinct settings’ – A short explainer by Supreme Court
“Words are after all, a vehicle for communicating ideas, thoughts and concepts. A one-size-fits-all analogy may not always hold good when we construe similar words in entirely distinct settings.”
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Under IBC, NCLT has jurisdiction to adjudicate disputes arising solely on ground of insolvency: Supreme Court
“In all future cases, NCLT would have to be wary of setting aside valid contractual terminations which would merely dilute the value of the corporate debtor, and not push it to its corporate death by virtue of it being the corporate debtor‘s sole contract.”
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COVID-19| ‘Country is returning to normalcy; Courts/Tribunals are functioning’; Supreme Court ends extension of limitation period for filing petitions/applications/suits/appeals, etc.
“We are of the opinion that the order dated 15.03.2020* has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.”
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USA | New Guidance on Continuation of Relief for Employee Benefit Plans and Plan Participants and Beneficiaries Due to the COVID-19 (Novel Coronavirus) Outbreak
The Department of Labor (DOL), the Department of the Treasury, and the Internal Revenue Service (IRS) issued notices providing guidance on the
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Aim of every Court is to discover the truth but it should be done judiciously; Recording of reasons for reversal of lower court’s decision vital: SC
“Wider the power, greater is the necessity of caution while exercise of judicious discretion”;
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Reservation and filling up of backlog vacancies: SC explains applicability of Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016
Supreme Court: In the case relating to appointment to the post of Post Graduate Assistants in Chemistry departments for the year 2018-2019
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Malaysia | Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021
The Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021[1] was passed on 15th February, 2021 and shall come into force
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