dispute Archives | SCC Times

Calcutta High Court affirms Single Bench’s Interim Order protecting Daily Wage Workers from termination amid tender process

Calcutta High Court opined that the Single Bench had appropriately safeguarded the interests of both parties by restraining termination pending the final outcome of the writ petitions.

Case Briefs High Courts

Approval of Resolution Plan under IBC extinguishes all claims, dispute cannot be urged again before Arbitral Tribunal: Delhi High Court

“The IBC and the resolution process does not contemplate matters being left inchoate. In fact, it exhorts one to accept the seal of finality and quietude which stands attached to the approval of a Resolution Plan.”

Case Briefs High Courts

[Theos v. Theobroma] ‘Theos to be restrained to Delhi-NCR region’; Delhi High Court settles terms in trade mark infringement suit

“No party shall oppose each other’s marks or object to the same, in any manner, so long as the same are in compliance with the terms of this settlement.”

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

Op Eds OP. ED.

Third-Party Litigation Funding and the Law in India

by Dormaan Jamshid Dalal*

Case Briefs High Courts

Mere use of the word ‘Arbitration’ in the heading of an Agreement would mean existence of an arbitration agreement? Del HC elaborates

Delhi High Court: Mukta Gupta, J., decided that mere use of word ‘Arbitration’ in the heading of an Agreement would not mean

Case Briefs High Courts

MP HC │ Registrar exercising power of the election tribunal cannot pass interim directions of any nature; Court allows appeal

Madhya Pradesh High Court: The Division Bench of Ravi Malimath, CJ. and Dinesh Kumar Paliwal, J. allowed an appeal which was filed

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Unless 7.5% of the penalty is deposited when the penalty is in dispute, the appeal cannot be entertained by the Tribunal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Sulekha Beevi, C.S. (Judicial Member) and P. Anjani Kumar (Technical Member)

Case Briefs High Courts

Feeding of Dogs inside complex v. Feeding of Dogs outside complex: Bom HC appoints amicus curiae to assist Court in resolving dispute

Bombay High Court: The Division Bench of S.J. Kathawalla and Milind N. Jadhav, JJ., addressed a matter in which a dispute revolved

Legislation Updates Statutes/Bills/Ordinances

Mediation Bill, 2021 introduced in Rajya Sabha

On December 20, 2021, a Mediation Bill (Bill No. XLIII of 2021) has been introduced in Rajya Sabha with an object to

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Law on Unfair Trade Practice | Builder insisting to sign on papers which stated that “buyer was receiving villa in full ready condition” even when it was not in a liveable condition: Is builder’s act under ‘unfair trade practice’? NCDRC decides

National Consumer Disputes Redressal Commission (NCDRC): Noting unfair trade practice by the builder while insisting the buyers to sign a paper wherein

Op Eds OP. ED.

Virtual Hearings in Arbitration: A Mirage or a Reality?

by Aafreen Choudhary† and Dhruv Srivastava††

Case Briefs Supreme Court

Chairman of party who entered into arbitration, can he be categorised as eligible under Arbitration and Conciliation Act? SC highlights impartiality of arbitrators as a key element while pronouncing this ruling

Supreme Court: Expressing on the aspect of independence and impartiality of the arbitrators, Division Bench of M.R. Shah and Aniruddha Bose, JJ.,

Alternate Dispute Resolution Case Briefs High Courts

Del HC | Can sole arbitrator’s appointment be disputed if he was consultant/advisor to one of the parties to dispute? Court examines

Delhi High Court: J.R. Midha, J., in view of serious doubts on the independence of sole arbitrator as named in the arbitration

Op Eds OP. ED.

Arbitrability of Fraud: Is the Anomaly Solved

by Shuchi Sejwar* and Arpit Lahoti**

Case Briefs High Courts

HP HC | Whether a dispute relating to an election of a local body maintainable before High Court under Art. 226 of Constitution of India? HC explains in light of settled position of law

Himachal Pradesh High Court: Jyotsna Rewal Dua J., dismissed the petition being non-maintainable. The petitioner by way of this instant petition has

Case Briefs High Courts

All HC | A dispute between two warring groups is in the realm of a private dispute and is not allowed to be agitated as a Public Interest Litigation

Allahabad High Court: The Division Bench of Pankaj Mithal and Saurabh Lavania, JJ., dismissed a Public Interest Litigation. The petitioner in Public

Case Briefs High Courts

SCC Times

dispute

Calcutta High Court affirms Single Bench’s Interim Order protecting Daily Wage Workers from termination amid tender process

Approval of Resolution Plan under IBC extinguishes all claims, dispute cannot be urged again before Arbitral Tribunal: Delhi High Court

[Theos v. Theobroma] ‘Theos to be restrained to Delhi-NCR region’; Delhi High Court settles terms in trade mark infringement suit

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

Third-Party Litigation Funding and the Law in India

Mere use of the word ‘Arbitration’ in the heading of an Agreement would mean existence of an arbitration agreement? Del HC elaborates

MP HC │ Registrar exercising power of the election tribunal cannot pass interim directions of any nature; Court allows appeal

CESTAT | Unless 7.5% of the penalty is deposited when the penalty is in dispute, the appeal cannot be entertained by the Tribunal

Feeding of Dogs inside complex v. Feeding of Dogs outside complex: Bom HC appoints amicus curiae to assist Court in resolving dispute

Mediation Bill, 2021 introduced in Rajya Sabha

Law on Unfair Trade Practice | Builder insisting to sign on papers which stated that “buyer was receiving villa in full ready condition” even when it was not in a liveable condition: Is builder’s act under ‘unfair trade practice’? NCDRC decides

Virtual Hearings in Arbitration: A Mirage or a Reality?

Chairman of party who entered into arbitration, can he be categorised as eligible under Arbitration and Conciliation Act? SC highlights impartiality of arbitrators as a key element while pronouncing this ruling

Del HC | Can sole arbitrator’s appointment be disputed if he was consultant/advisor to one of the parties to dispute? Court examines

Arbitrability of Fraud: Is the Anomaly Solved

HP HC | Whether a dispute relating to an election of a local body maintainable before High Court under Art. 226 of Constitution of India? HC explains in light of settled position of law

All HC | A dispute between two warring groups is in the realm of a private dispute and is not allowed to be agitated as a Public Interest Litigation

Jhar HC | Dispute among office bearers of Mahila Mandal not illegality for cancelling its license

J&K HC | Disputes regarding questions of fact would not be the subject matter of a writ petition

P&H HC | Court fee should be refunded although the dispute settled without recourse to S. 89 CPC