Demystifying the Arbitrability of Fraud
by Amit Jajoo*, Anamika Singh** & Bhargav Kosuru***
fraud
Signature obtained by fraud? Burden of proof is on the party alleging such forgery; says SC
Supreme Court: The bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has held that for invoking Section 17 of the Limitation Act,
Ker HC | If a wife obtains husband’s consent for marriage by suppressing material facts like cardiac ailments, would that amount to fraud? Bench explains whether marriage can be declared null & void
Kerala High Court: A Division Bench of A.M. Shaffique and Mary Joseph, JJ., upheld the Family Court’s decision wherein the wife obtained the
Kar HC | Unless fraudulent act proved, limitation for suits by or on behalf of State or Centre not maintainable after 30 years
Karnataka High Court: M.I. Arun, J. allowed the writ petition and declared the show cause notice or any subsequent proceeding as null
Ori HC | Default in Flat Buyer Agreement given a criminal colour of cheating and fraud under Penal Code 1860; Filing of Criminal Complaint about settling Contractual Disputes is Abuse of Process of Law
Orissa High Court: S. K. Panigrahi J., granted bail and directed the petitioner company to pay the amount in accordance with the
Jharkhand State Open School a sham; SC ‘reluctantly’ refuses to allow students with JSOS certificates to continue their courses at APJAKTU
Supreme Court: The 3-judge bench of SA Kaul, Aniruddha Bose and Krishna Murari, JJ ‘reluctantly’ dismissed an SLP arising out of a
How to determine if an allegation of fraud falls under “Fraud Exception”to Arbitrability? SC elaborates
Supreme Court: The bench of RF Nariman and Navin Sinha, JJ has held that “serious allegations of fraud” as a ground for
Ker HC | Can person with physical infirmities seriously affecting cognitive functions file suit through ‘next friend’?
Kerala High Court: A Division Bench of S.V. Bhati and Bechu Kurian Thomas, JJ., addressed an issue pertaining to the following terms, Total
Ori HC | “Enormity of devious activities touch raw nerve of economic system and strike at the root of proper & effective functioning of GST regime”
Orissa High Court: S.K. Paigrahi, J., while addressing a matter, observed that, One cannot lose sight of the fact that GST regime is
Ori HC | “Perpetrators of ponzi schemes have entered in a proverbial Faustain bargain”: Bail refused to accuse of money laundering by way of ponzi scheme
Orissa High Court: S.K. Panigrahi, J., while addressing a matter with regard to money laundering by way of ponzi schemes, stated that, “Act
Del HC | Religare Enterprises CEO’s bail rejected in view of being accused for fraud of worth Rs 2000 crores plus of public money
Delhi High Court: Suresh Kumar Kait, J. rejected the bail plea of the petitioner, accused of fraud, after finding him to be
Unitech’s Sanjay Chandra gets interim bail as parents hospitalised after testing COVID-19 positive
Supreme Court: The bench of Dr. DY Chandrachud and MR Shah, JJ has granted bail to former Unitech MD Sanjay Chandra after
Ori HC | “Fraud vitiates every solemn act”: Court deprecates attempt of forum shopping while rejecting petition against termination of contract
Orissa High Court: S.K. Panigrahi, J., while addressing the present petition held that the present case to be a clear case of forum
SC cancels Amrapali Group’s RERA registration for defrauding homebuyers
Supreme Court: The bench of Arun Mishra and UU Lalit, JJ has cancelled the registration of Amrapali Group of Companies under RERA
Ori HC | Lower Court orders quashed due to production of forged evidence and fraudulent practices
Orissa High Court: Dr A.K. Rath J., quashed the order passed by Civil Judge (Junior Division) and order by Tahsildar due to
SEBI | Dr Prannoy Roy, Chairman and Radhika Roy, MD of NDTV guilty of committing fraud, barred from accessing securities market for 2 years
Securities and Exchange Board of India (SEBI): S.K. Mohanty, Whole Time Member, passed an order finding the promoters of New Delhi Television
Employee is entitled to full back wages if charges against him are found to be malicious
Supreme Court: The bench of L Nageswara Rao and MR Shah, JJ held that a man, by virtue of the disciplinary proceedings
No stipulation of period of completion of Serious Fraud Investigations under Companies Act
Supreme Court: The bench of Abhay Manohar Sapre and UU Lalit, JJ has held that Section 212 of the Companies Act, 2013
Del HC | Court is not storage of petitions filed by negligent litigants: Not permitted to blame previous counsel after 21 years for not providing case record
‘Vigilantibus, non-dermientibus, jura subveniunt’ (the law helps those who are watchful and not those who are asleep) Delhi High Court: Vinod Goel, J.,
Breaking | UK’s green signal for the extradition process of business tycoon Vijay Mallya
As reported by the media, Sajid Javid the UK Home Secretary signed the extradition order of Vijay Mallya on 04-02-2019. Westminster Magistrates’