Insights
Briefs from the Bar
Short, careful notes on recent judgments of the Supreme Court and the High Courts, written by the firm’s advocates and arranged by the area of law they bear on.
01 Latest
Recent briefs
The Arbitration & Conciliation Act,1996 a self-contained code which does not distinguish between government and private entities
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Application for arbitrator’s appointment cannot be rejected on multiplicity alone if cause of action for subsequent arbitration arise
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Every brief is a summary for information only and is not legal advice. For guidance on a specific matter, speak with counsel.
Arbitration & Commercial Disputes
Referral under Sections 8 and 11, interim measures, challenges under Sections 34 and 37, interest, limitation and enforcement of awards.
18 briefs
- 01Under Section 11(6) A&C Act, Referral Court must limit its enquiry to the question of limitation period only
- 02Court under section 11(6) Arbitration and Conciliation Act 1996 is only entitled to examine existence of Arbitration Agreement and timely filing of petitions after issuance of notice.
- 03If Dispute Is Arbitrable, Court Cannot Refuse To Refer Parties To Arbitration US 8 of Arbitration Act Guwahati High Court
- 04The Arbitration & Conciliation Act,1996 a self-contained code which does not distinguish between government and private entities
- 05Application for arbitrator’s appointment cannot be rejected on multiplicity alone if cause of action for subsequent arbitration arise
- 06No requirement to issue fresh notice for re-commencingarbitration proceeding after first arbitration award is set aside.
- 07Interim measures in Arbitration Act meant to support not undermine arbitration.
- 08Misconduct before Arbitral Tribunal or Sole Arbitrator can constitute Contempt of Court
- 09Delhi High Court sets aside Arbitral Award Over Arbitrator’s Conflict of Interest and Failure to provide documents
- 10Evidence taken on record behind the back of the opposite party provides a valid ground under section 34 of Arbitration and Conciliation Act,1996 to set aside the Arbitration Award passed by Tribunal.
- 11Appellate power of Section 37 is limited within the domain of Section 34
- 12Time to pass arbitral award can be extended even after 18 month deadline
- 13Arbitrator can award pre-reference & pendente lite interesteven when agreement is silent on award of interest.
- 14Benefit of excluding the period during which the court is closed, as provided under Section 4 of the Limitation Act, available only if the application for setting aside an award under Section 34 of the Arbitration and Conciliation Act, 1996, is filed within the “prescribed period of limitation.
- 15Enforcement of Arbitral Award expressed in foreign currency.
- 16Ministry of Youth Affairs and Sports, Dept. of Sports, Govt. of India V. Ernst & Young LLP and Anr.
- 17Delhi Skills Mission Society v. Samuel Foundation Charitable India Trust
- 18Service on WhatsApp number and e-mail address constitutes a valid service-Delhi HC
Family & Personal Law
Maintenance, divorce, guardianship and reproductive rights before the Supreme Court and the High Courts.
4 briefs
- 01Divorce muslim women entitled to claim maintenance under sec 125 CRPC
- 02No remorse or sympathy towards wife’s hardships’, Bombay HC imposes Rs 1 lakh cost on husband for opposing wife’s plea to transfer divorce case
- 03Mother Can change the Surname of son after the death of his biological father
- 04Abortion allowed till 24 weeks of pregnancy in special cases.
Criminal Law & PMLA
Arrest, custody and evidence under the Prevention of Money Laundering Act and the criminal procedure code.
3 briefs
- 01PMLA accused don’t have to be produced before Magistrate in 24 hours if arrested from judicial custody: Madras High Court
- 02Incriminatory Statement given by PMLA accused in custody is inadmissible in another money laundering case.
- 03Case Brief: Suwalal son of Gopi by caste Raigar v. State – A Critical Analysis
Corporate, Consumer & Employment
Shareholder deadlock before the NCLT, the powers of consumer commissions and industrial adjudication.
3 briefs
- 01Buy-Out of one Group by other a preferred remedy to resolve deadlock in equal shareholding companies: NCLT Mumbai
- 02Consumer Commissions has power to act as Judicial Magistrate for trial of offences, which includes power to issue arrest warrants.
- 03Industrial Tribunal’s findings on employee’s alleged misconduct without taking on record inquiry report is not sustainable
03 Featured talk
Rights of Muslim women — the path from Shah Bano to Mohd. Abdul Samad
A lecture tracing four decades of jurisprudence on maintenance and personal law, from the 1985 Shah Bano judgment to the Supreme Court’s 2024 ruling in Mohd. Abdul Samad.
Ms. Shobha GuptaSenior Advocate, Supreme Court of India
04 Consultation
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