Introduction
The terms maritime and admiralty are often used interchangeably but there is a significant difference between both the terms. Maritime law relates to the legal rules dealing with the concept of carrying goods and passengers by water. Whereas, the Admiralty jurisdiction relates to the claims that are associated with navigable waterways and transport by…
INTRODUCTION
The Division Bench of the Hon’ble Supreme Court Comprising of Justice Abhay S. Oka and Justice Pankaj Mithal in the matter of Jamboo Bhandari v. M.P State industrial Development Corporation Ltd, has held that in Section 148 NI Act – Deposit of Minimum 20% Amount is not an Absolute Rule; if the Appellate Court…
The Hon’ble Debt Recovery Appellate Tribunal, Kolkata comprising of Justice Anil Kumar Srivastava in Punjab National Bank Vs. held that when the right of forfeiture under Rule 9(5) of Security Interest (Enforcement) Rules, 2002 is exercised by the Secured Creditor after the lapse of stipulated period of three months, then the Auction Purchaser should be…
Recently, in the case of John Cockerill India Ltd. vs. Sanjay Navare[1], the Hon’ble Bombay High Court held that the Court can determine the stamp duty payable under the unstamped Arbitration Agreement. The Court was dealing with the Application filed under section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). The…
In a recent decision[i], the Hon’ble Supreme Court[ii] [“SC”] has declared that the auction procedure laid down in section 13 (8) of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 [“the Act”] shall take precedence over a mortgagor’s right to redemption[iii] as included under section…
In a recent noteworthy decision, the Hon’ble Bombay High Court[i] has granted interim relief to Mr. Anupam Mittal, the founder of Shaadi.com, by staying an anti–suit permanent injunction order directed by the Hon’ble Singapore High Court.
The genesis of the dispute between Mr. Mittal and his co–shareholders was a Shareholding Agreement dated 10.02.2006 [“SHA”]…
The Hon’ble Bombay High Court in Khanna Rayon Industries Pvt. Ltd[1] held that the Court may grant an amendment to a commercial suit if it is deemed essential for resolving the core dispute between the parties. However, if the proposed amendment is coupled with a prayer for placing on record documents that were already…
The Delhi High Court (“the HC”) in its recent judgment passed in the matter of Amit Guglani & Anr. Vs. L & T Housing Finance Ltd. & Anr.[1] held that compliance with section 21 of the Arbitration and Conciliation Act, 1996 (“the Act”) is a binding obligation and that issuance of an invocation notice…
In a recent appeal in the matter of M/s. Larsen Air Conditioning and Refrigeration Company versus Union of India & Ors.[1], the division bench of the Hon’ble Supreme Court of India (“the SC”) while capturing the essence of Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) reaffirmed the circumscription of…
