Section 14 of IBC, 2016 will not apply to Transactions, Arrangements or Agreements
On 3-10-2023, the Ministry of Corporate Affairs notified that the provisions of Section 14 (1), relating to “Moratorium”, of the Insolvency and
Agreement
Delhi High Court| Delay in the handing over of the Right of Way is a material breach of contract if it affects the issuance of the Completion Certificate
The Court is not meant to act as a Court of first appeal and cannot supplant its view over that of the Arbitral Tribunal.
Can Micro & Small Enterprises Facilitation Council entertain references to arbitration from ‘Medium Enterprises’ under MSMED Act, 2006? Delhi High Court analyses
The MSMED Act, 2006 is a beneficial legislation for Micro, Small and Medium Enterprises and ought to be construed in a manner that is beneficial to such enterprises.
Arbitration Clause in a contract will perish with its novation: Delhi High Court
Where parties decide to put an end to the original contract as if it never existed and substituted a new contract with it, then in such a situation the original contract is extinguished by the substituted one and the arbitration clause of the original one perishes with it.
Delhi High Court issues guidelines for drafting a Settlement Agreement in matrimonial disputes of criminal nature; Directs agreements to be prepared in Hindi too
Delhi High Court observed that an inadequately drafted agreement will be one that fails to include essential elements such as the name of all the relevant parties, the terms outlining the conditions of settlement, and the consequences in the event of non-compliance or breach.
Suits not to be dismissed on technical grounds of procedural irregularity: Delhi High Court
The Delhi High Court opined that that technicalities and procedural defects, which do not go to the root of the matter, should not be permitted to defeat a just cause, more so in cases where suits are initiated or defended on behalf of public corporations.
[Antrix-Devas Deal] Delhi High Court upholds decision of setting aside ICC Award of $562.5 million on the ground of fraud
The Delhi High Court upheld Single judge’s decision to set aside ICC Award of $562.5 million in favour of Devas Multimedia (P) Ltd. for a failed satellite agreement with Antrix Corporation Ltd., on the grounds of fraud and being in conflict with the public policy of India.
An artist cannot be compelled to deal with another party against his own wish in perpetuity; Delhi High Court holds termination of agreement by Khesari Lal Yadav, valid
Grant of injunction in favour of the plaintiff company would cause irreparable injury to the Artist which cannot be compensated in monetary terms as he would be forced to continue with the contract of personal service even though mutual trust has been lost between parties.
Order of stay/moratorium under the Companies Act, 2013 prohibits the initiation of any proceedings; Parties cannot be referred to Arbitration: Delhi High Court
The Delhi High Court ruled that the moratorium granted by the NCLAT, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process was initiated against it under Sections 241 and 242 of the Companies Act, 2013, was akin to an order of moratorium passed under Section 14 of the Insolvency and Bankruptcy Code, 2016.
Delhi High Court | Cancellation of lease deed of Institution running a charitable hospital on public land a travesty of justice
It is travesty of justice that an institution contributing for noble cause being that of running a charitable hospital on a public land and providing for sound research and treatment facilities has been made to suffer the rigors of cancellation of the Lease Deed and vacation of the property. Being a constitutional court and the conscience-keeper of the democracy, this Court cannot lend a blind eye when the ends of justice are being bulldozed in broad daylight.
What is the legal validity of an unregistered agreement for adoption entered between biological parents of an unborn child and the adoptive parents? Karnataka HC answers
A curious case presented itself before the Karnataka HC wherein they deliberated over an agreement for adoption entered between the biological parents and adoptive parents, when the child was still unborn.
Delhi High Court denies Nokia’s plea of directing Oppo to pay royalty to Nokia under Order 39 Rule 10 CPC in Standard Essential Patents (SEPs) case
Delhi High Court: In a case where application was filed by Nokia under Order 39 Rule 10 of CPC, the
High Court of Justice- TCC | “Unusual and surprising” Dispute Resolution Procedure between Children’s Ark and Kajima Construction declared unenforceable due to unclarity
The High Court of Justice (Technology and Construction Court): While deciding the instant matter revolving around the Dispute Resolution Procedure
Rejecting counter-claim or set-off may lead to parallel proceedings before various fora and offend the very purpose S. 23 of Arbitration Act: SC
Supreme Court: The Division Bench of M.R. Shah* and Sanjiv Khanna, JJ., reversed concurrent findings of the Arbitral Tribunal and the Delhi
Can Lease Rental come under the purview of ‘Operational Debt’? NCLAT elucidates
National Company Law Tribunal, New Delhi: The Bench of Ashok Bhushan J., Chairperson, Rakesh Kumar Jain and Rakesh Kumar, JJ,
Can charges under S. 138 of NI Act sustain in case of non-compliance with the clauses of a Non-competing Agreement? Tis Hazari Court elucidates
Tis Hazari Court, Delhi: While deciding the instant complaint filed under S. 138 of Negotiable Instruments Act, 1881, wherein the dispute revolved
Can a husband escape from his liability to pay maintenance to his wife by signing an agreement to the contrary? Gau HC throws light
Gauhati High Court: While addressing a matter with regard to maintenance of wife, Rumi Kumari Phukan, J., expressed that, the statutory right
Merely exhorting others to come out and indulge in criminal activities, would amount to committing a crime? Court answers while emphasizing elements of criminal conspiracy
Karkardooma Courts, Delhi: While addressing a case of alleged criminal conspiracy, Virender Bhat, ASJ-03, expressed that, “The circumstances in a case, when
Ori HC | It is only when a purchase order is placed that a ‘contract’ would be entered into and only then arbitration clause would become part thereof
Orissa High Court: S. Muralidhar, CJ. dismissed the petition, declined the appointment of arbitrator and left it open to the petitioners to