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Dispute Digest

Legal amendments face fairness test
Dispute Digest

High court rules amendments face twin test

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legitimate expectation
Dispute Digest

Split verdict on legitimate expectation

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transfer proprietary rights
Dispute Digest

Agreement to sell does not transfer proprietary rights

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Court legitimises third-party funding
Dispute Digest

Court ruling legitimises third-party funding

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Law stands above commercial wisdom
Dispute Digest

Law stands above commercial wisdom

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time essence appeal limitations
Dispute Digest

Time of the essence in appeal limitations

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No stamp no arbitration
Dispute Digest

No stamp, no arbitration

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arbitration suits court
Dispute Digest

When arbitration suits the court

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High Court Refuses Arbitration Application in Shiram EPC Ltd
Dispute Digest

No arbitration for time-barred issues

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No disqualification when arbitrator assists
Dispute Digest

No disqualification when arbitrator assists on unrelated matter

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pre-deposit SARFAESI
Dispute Digest

Pre-deposit under SARFAESI is mandatory

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Dispute Digest

Constitution bench decision will impact progress of arbitration

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cotton contracts dispute decision
Dispute Digest

Separate cotton contracts do not unravel dispute decision

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admissions give and take basis
Dispute Digest

Admissions only enforceable on give-and-take basis

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interference under arbitration act
Dispute Digest

When is interference possible under Arbitration Act?

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Dispute Digest

Court grounds dispute brought by Frankfinn Aviation

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council overrides MSMED act
Dispute Digest

Council overrides arbitration agreement under MSMED Act

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India immovable property agreements
Dispute Digest

Time not of the essence in sale of immovable property agreements

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India section 141 NI act debate
Dispute Digest

Debate on section 141 of NI act

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India Supreme Court directive on ad hoc arbitrator fee
Dispute Digest

Supreme Court directive on ad hoc arbitrator fee

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‘Final and binding’ not needed to validate arbitration clause
Dispute Digest

‘Final and binding’ not needed to validate arbitration clause

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References not enough to compel arbitration
Dispute Digest

References not enough to compel arbitration

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Top-court-steps-in-to-settle-jurisdiction-disputes-L
Dispute Digest

Top court steps in to settle jurisdiction disputes

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When in doubt, arbitrate
Dispute Digest

When in doubt, arbitrate

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Solving-the-problem-of-interest-and-insolvency-L
Dispute Digest

Solving the problem of interest and insolvency

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Power of attorney and property ownership
Dispute Digest

Power of attorney and property ownership

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Standards of proof for money laundering offences
Dispute Digest

Standards of proof for money laundering offences

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Court acts on reassessments
Dispute Digest

Court acts on reassessments

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Decree holders ‘not same as financial creditors’
Dispute Digest

Decree holders ‘not same as financial creditors’

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Court not obliged to remit matters to arbitral tribunals
Dispute Digest

Court not obliged to remit matters to arbitral tribunals

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Arbitral awards bound by contract
Dispute Digest

Arbitral awards bound by contract

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Procedure: the handmaid of justice
Dispute Digest

Procedure: the handmaid of justice

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Pre-deposit mandatory under Customs Act
Dispute Digest

Pre-deposit mandatory under Customs Act

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Court cannot refuse specific performance without reason
Dispute Digest

Court cannot refuse specific performance without reason

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Haryana-L
Dispute Digest

Job quotas not yet working in Haryana

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Flat owners triumph on occupation certificate compensation
Dispute Digest

Flat owners triumph on occupation certificate compensation

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Post-award interest okayed in arbitration awards
Dispute Digest

Post-award interest okayed in arbitration awards

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Not all public service employees are equal
Dispute Digest

Not all public service employees are equal

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Does draft mediation bill deliver?
Dispute Digest

Does draft mediation bill deliver?

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Insolvency resolution process has time limits
Dispute Digest

Insolvency resolution process has time limits

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Supreme Court clarifies award modifications
Deal digest

Supreme Court clarifies award modifications

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Uttar Pradesh RERA’s refund decision upheld
Deal digest

Uttar Pradesh RERA’s refund decision upheld

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Employment-burden-of-proof-after-dismissal-‘on-the-employee-L8
Dispute Digest

Employment burden of proof after dismissal ‘on the employee’

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GCCL Infra first to take pre-pack insolvency route
Dispute Digest

GCCL Infra first to take pre-pack insolvency route

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Amendment to Gujarat act struck down
Dispute Digest

Amendment to Gujarat act struck down

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Court-upholds-emergency-award-in-Amazon-dispute
Dispute Digest

Court upholds emergency award in Amazon dispute

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Certificate of recovery constitutes fresh cause of action
Dispute Digest

Certificate of recovery constitutes fresh cause of action

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Campus hostels run by charitable trusts exempted under act
Dispute Digest

Campus hostels run by charitable trusts exempted under act

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Court addresses limitation provisions under MSMED Act
Dispute Digest

Court addresses limitation provisions under MSMED Act

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Levy on imported oxygen concentrators challenged
Dispute Digest

Levy on imported oxygen concentrators challenged

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Suit by unregistered partnership firm declared null
Dispute Digest

Suit by unregistered partnership firm declared null

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Supreme Court- Party autonomy is the backbone of arbitration
Dispute Digest

Supreme Court: Party autonomy is the backbone of arbitration

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Delay for filing appeals condoned under Commercial Courts Act
Dispute Digest

Delay for filing appeals condoned under Commercial Courts Act 

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Madras High Court order set aside
Dispute Digest

High court order set aside as alternative legal remedies exist

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litigation
Dispute Digest

Court lays down law for selection of forum in arbitration

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Related party exclusion cannot be avoided through divestment 
Dispute Digest

Related party exclusion cannot be avoided through divestment 

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Constitutional validity of amended IBC Act upheld
Dispute Digest

Constitutional validity of amended IBC Act upheld

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Governmental tug of war derails metro work
Dispute Digest

Governmental tug of war derails metro work

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Arbitrator can award interest in absence of express prohibition 
Dispute Digest

Arbitrator can award interest in absence of express prohibition 

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Issue of unstamped arbitration agreements still in question
Dispute Digest

Issue of unstamped arbitration agreements still in question

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_SC-expands-role-of-informant-under-Competition-Law-
Dispute Digest

SC expands role of informant under Competition Law 

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Moratorium on new law colleges held ‘unconstitutional’
Dispute Digest

Moratorium on new law colleges held ‘unconstitutional’

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Homeowners can file proceedings under Consumer Protection Act
Dispute Digest

Homeowners can file proceedings under Consumer Protection Act

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Order to transfer suit to undefended status overruled
Dispute Digest

Order to transfer suit to undefended status overruled

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Dispute Digest

Proof of notice needed for appointment of arbitrator

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Future Group, RIL ignore SIAC award
Dispute Digest

Future Group, RIL ignore SIAC award

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SC weighs in on flight tickets cancelled during lockdown
Dispute Digest

SC weighs in on flight tickets cancelled during lockdown

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Price fluctuations Contract
Dispute Digest

Specific mention of price fluctuations is needed in contracts

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Pecuniary jurisdiction ncdrc
Dispute Digest

NCDRC clarifies pecuniary jurisdiction to hear disputes

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Vodafone
Dispute Digest

Government mulls options after Vodafone dispute win

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real estate developer
Dispute Digest

‘One-sided’ developer agreement overturned

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healthcare medicine
Dispute Digest

Court takes stand on inadequate healthcare

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Arbitration-award-against-Jackie-Shroff-set-aside
Dispute Digest

Arbitration award against Jackie Shroff set aside

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foreign arbitral award enforcement Appellate arbitration Bhasin & Co
Dispute Digest

Enforcement of foreign arbitral award allowed

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Partnership act agreement India
Dispute Digest

SC clarifies when partnership firm can be dissolved

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Limitation
Dispute Digest

Limitation period for execution of foreign decrees settled

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Architects
Dispute Digest

Unregistered architects cannot build a name for themselves

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Dispute Digest

Filing limitations apply under section 8 of Arbitration Act

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cryptos
Dispute Digest

Supreme Court quashes RBI ban on cryptos

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insolvency
Dispute Digest

IBC cannot be used as a threat

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evidence
Dispute Digest

Documentary evidence outweighs oral testimony

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game
Dispute Digest

Court dismisses gambling PIL against online game

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employees
Dispute Digest

Contractual employees entitled to PF benefits

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parking
Dispute Digest

Developer pulled up over club, parking fees

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pension
Dispute Digest

Ruling quashes resignees’ right to a pension

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transaction
Dispute Digest

High court ruling on guarantor cheques

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Dispute Digest

SC: No defamation protection for intermediaries

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creditors
Dispute Digest

CJM can deal with applications of secured creditors

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proprietary
Dispute Digest

Sole proprietary concerns cannot file insolvency petitions

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nurse
Dispute Digest

Commercial use clarified for nurses’ residences

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Hotels
Dispute Digest

Hotels are liable for theft of guest’s vehicles

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RERA
Dispute Digest

Remedies under CPA, RERA are concurrent

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Dispute Digest

Fraud allegation cannot nullify arbitration agreement

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arbitrator
Dispute Digest

Supreme Court holds that company director can nominate arbitrator

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arbitration
Dispute Digest

Courts must restrict role to determining existence of arbitration agreement

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resignation
Dispute Digest

Supreme Court clarifies pilot’s right to withdraw resignation

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holding company
Dispute Digest

Holding company cannot be prosecuted over dispute with subsidiary

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Only court in specified venue can appoint arbitrator
Dispute Digest

Only court in specified venue can appoint arbitrator

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Supreme court declines to apply group of companies doctrine in arbitration
Dispute Digest

Supreme Court declines to apply group of companies doctrine in arbitration

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Off-site workres eligible for provident fund contribution
Dispute Digest

Offsite workers eligible for provident fund contribution

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Home finance
Dispute Digest

Home finance lenders are not financial creditors to developers

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class action
Dispute Digest

Supreme Court clarifies criteria for class action suit

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demolition
Dispute Digest

Architects cannot object to demolition of buildings

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policy
Dispute Digest

Suppression of facts by insured renders policy void

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government alter employment contract
Dispute Digest

Minimum Wages Act does not empower government to alter terms of contract

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ineligible person cannot appoint arbitrator
Dispute Digest

Ineligible person cannot appoint arbitrator

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Trade unions are operational creditors under insolvency code
Dispute Digest

Trade unions are operational creditors under insolvency code

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dispute-digest-law-journal
Dispute Digest

Departmental proceedings during criminal trial not contempt of court

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One-sided clauses in builder-buyer agreements unfair, says Supreme Court
Dispute Digest

One-sided clauses in builder-buyer agreements unfair, says Supreme Court

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dispute-digest-water-privatization
Dispute Digest

Pre-deposit clauses to invoke arbitration struck down

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Property
Dispute Digest

Relief for property buyers misled by vendors

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Board meeting procedures clarified
Dispute Digest

Former directors must be given agenda before creditors meeting

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Seat determines which court can regulate proceedings
Dispute Digest

Defendants must file written statement within 120 days

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CreditAccess India capital money
Dispute Digest

Supreme Court clarifies definition of basic wages

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suit-property-court-judge-business-law-india
Dispute Digest

Supreme Court lists requirements for specific performance of suit

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money-rupee-india-charge-business-law-pay-salary
Dispute Digest

Arbitrator can be dismissed for overcharging

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ship-sea-logistic-business-law-port-container
Dispute Digest

Tribunal rules against NTPC in shipping dispute

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Judge-Court-Business-Law-Firm-Lawyer-India
Dispute Digest

Former employee able to act as arbitrator

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Employee-can-leave-if-not-bound-by-contract-terms-indian-lawyers
Dispute Digest

Employee can leave if not bound by contract terms

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CLARIFICATION-ON-INCONSISTENCIES-BETWEEN-COMPANIES-ACT,-IBC-India
Dispute Digest

Clarification on inconsistencies between companies act, IBC

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