16th Feb, 2019

NCLAT judgment in Ashish Garodia v Impact Event Management & Anr.

• Corporate Restructuring & Insolvency,
• Disputes

14th Feb, 2019

Hon'ble Calcutta High Court on whether TDS certificates constitute admission of liability for purpose of Order XII Rule 6 of the CPC

• Disputes

On February 7, 2019, the Hon’ble High Court at Calcutta passed a judgment in the matter of J.K. Engineering Pvt. Ltd. v. ANE Industries Pvt. Ltd. (...

14th Feb, 2019

Delhi High Court Whether the exclusion of a subsidiary company, joint venture or associate of other company, for purpose of eligibility for registration as valuer is reasonable

• Corporate and M&A,
• Disputes

The Hon’ble High Court at Delhi in Cushman and Wakefield India Private Limited v. Union of India and Anr. (Writ Petition No. 9883 of 2018) has uphe...

13th Feb, 2019

Arbitration- Rajasthan HC on scope of adjudication in a Section 34 application and availability of remedy of remanding matter for de novo adjudication in a section 37 appplication

• Disputes

In the attached judgment the issue which fell for consideration before the Hon’ble Rajasthan High Court was whether the court below had provided ju...

13th Feb, 2019

Arbitration- Delhi HC on whether challenge to jurisdiction of an arbitrator under Section 16 can be raised for the first time during Section 34 application and whether Schedule V provides for mandatory disqualification

• Disputes

In the attached judgment the issue which fell for consideration before the Hon’ble Delhi High Court was whether the challenge to the jurisdiction o...

13th Feb, 2019

Appellare Tribunal PMLA-If property mortgaged with a secured creditor cannot be attached for recovery of government dues, such as PMLA

• Corporate Restructuring & Insolvency,
• Disputes

The Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS, PBPT Act, New Delhi, on January 2, 2019 in the case of Punjab National Bank vs The Deputy Dire...

12th Feb, 2019

MP HC- where the agreement is silent about 'seat', whether jurisdiction conferred basis 'venue'

• Disputes

In the instant case the issue which fell for consideration before the Hon’ble Madhya Pradesh High Court was whether in the light of the clause whic...

08th Feb, 2019

K. Sashidhar v. Indian Overseas Bank & Ors.

• Corporate Restructuring & Insolvency,
• Disputes

On February 5, 2019, the Supreme Court (“SC”) passed its order in the case of K. Sashidhar v. Indian Overseas Bank & Ors. (Civil Appeal No. 10673 o...

08th Feb, 2019

Kerala HC on Section 34(4) of Arbitration Act

• Disputes

In the captioned matter the Hon’ble Kerala High Court discussed about the availability of recourse under section 34(4) of the Arbitration and Conc...

08th Feb, 2019

SC on essential ingredient of Section 38 of Specific Relief ActSC on essential ingredient of Section 38 of Specific Relief Act

• Corporate and M&A,
• Disputes

On 06 February 2019, the Supreme Court (R. Banumathi, R. Subhash Reddy, JJ.) passed a judgment in Balakrishna Dattatraya Galande v. Balakrishna Ram...

06th Feb, 2019

Cal HC on whether non-stampability of document ground for rejection of Section 11 application, where the instrument not required to be stamped at the time of execution

• Real Estate,
• Disputes

The Hon’ble High Court of Calcutta (“Court”), in the case of Sri. Bimal Chandra Roy v. Smt. Sobha Ghatak & Anr. (A.P. No. 927 of 2017), held that a...

05th Feb, 2019

SC on whether there is bar on MD of company being appointed as arbitrator in an pre-amendment scenario

• Disputes

The main issues which fell for consideration before the Hon’ble Supreme Court were: Whether in light of the pending arbitral proceeding the res...