Agreement Archives | Page 2 of 4

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

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,

Case Briefs District Court

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

Case Briefs High Courts

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

Case Briefs District Court

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

Case Briefs High Courts

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

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can territorial jurisdiction of NCLT be decided on basis of a Facility Agreement between parties? NCLAT answers

National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Shreesha Merla (Technical Member) held that,

Case Briefs High Courts

Whether Arbitration involving third parties leading to other proceedings would be arbitrable? Kar HC answers

Karnataka High Court: B.M. Shyam Prasad, J., held that there cannot be a complete adjudication of the petitioner’s rights unless the third

Case Briefs High Courts

Can mere filing of proceedings under S. 7 IBC be treated as an embargo on Court exercising jurisdiction under S. 11 of Arbitration & Conciliation Act? Bom HC explains

Bombay High Court: A very interesting question was considered by G.S. Kulkarni, J., the question being, whether mere filing of a proceeding

Case Briefs High Courts

Cal HC | Parties to agreement of sale consciously changing their relationship cannot seek relief on the basis of previously established relationship

Calcutta High Court: The Division Bench of Soumen Sen and Ajoy Kumar Mukherjee, JJ., dismissed an appeal concerned with a breach of

Case Briefs High Courts

Can partners in dispute of an LLP or any other business entity carrying out business in different parts of country, file suit in any place where business is carried out? Del HC explains

Delhi High Court: Amit Bansal, J., expressed that an LLP or any other business entity can carry out business in different parts

Cyril Amarchand Mangaldas Experts Corner

The Indian Supreme Court in Ellora Paper Mills: Hindsight is 20/15?

by Shalaka Patil† and Amoga Krishnan††
Cite as: 2022 SCC OnLine Blog Exp 16

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder took money from homebuyer for formation of Co-operative Housing Society, but never formed so: Read why the homebuyer approached Commission

National Consumer Disputes Redressal Commission, New Delhi (NCDRC): The Coram of R.K. Agrawal (President) and Dr S.M. Kantikar (Member) addressed a matter

Op Eds OP. ED.

Whether a Breach of Institutional Arbitral Rules Constitutes a Breach of Contract? And Whether Such Breach would be Repudiatory in Nature?

by Garima Sharma†

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insurer refuses to issue insurance policy as Risk Confirmation letter obtained on concealment of material fact by Insurance Broker: Policy will be vitiated? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): Ram Surat Maurya (Presiding Member) addressed a matter wherein the date of issue of the Risk

Op Eds OP. ED.

Owners and Contractor’s Liability towards Subcontractors

by Hiroo Advani†, Kanika Arora††, Surbhi Ahuja††† and Ria Garg*

Cite as: 2022 SCC OnLine Blog Exp 5

Case Briefs High Courts

Importance of ‘consideration’ cannot be belittled: Del HC explains the significance of consideration in enforceability of an ‘Agreement’

Delhi High Court: “It is the consideration which puts enforceability in the agreements to make promises legally binding”, Asha Menon, J., stated

Case Briefs High Courts

Charge Sheet Filed, but no arrest, instead interim protection granted: Read Del HC’s decision in a bail matter

Delhi High Court: Rajnish Bhatnagar, J., while addressing the allegations of forged agreement, stated that the effect of the same would be

Case Briefs Tribunals/Commissions/Regulatory Bodies

Know why Maruti Suzuki was imposed with a Rs 200 crore penalty | Guilty of what? CCI decodes

Competition Commission of India (CCI): Noting that Maruti Suzuki India Limited used to impose penalties on its dealers for the reason of

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI examines if airlines were involved in cartelization resulting in anti-competitive practice during Jat Agitation in 2016 || Synoptic view of Judgment

Competition Commission of India (CCI): Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi, Members found no cartelization