Judgments, case notes & analysis

Insights from the record.

Case notes written by our counsel on judgments that change how a matter should be argued — arbitration, criminal, family, corporate and constitutional law.

Featured paper · Constitutional 2024 · 9 min read

Rights of Muslim Women — The Path Covered: Shah Bano to Mohd. Abdul Samad

A paper tracing four decades of jurisprudence on maintenance for divorced Muslim women, from the Shah Bano judgment to the Supreme Court’s recent affirmation that Section 125 CrPC applies irrespective of religion.

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28 case notes

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Insights from the record.

Rights of Muslim Women — The Path Covered: Shah Bano to Mohd. Abdul Samad

28 case notes

Under Section 11(6) A&C Act, the Referral Court must limit its enquiry to the question of the limitation period only

The Arbitration & Conciliation Act, 1996 is a self-contained code which does not distinguish between government and private entities

Application for an arbitrator’s appointment cannot be rejected on multiplicity alone if the cause of action for subsequent arbitration arises separately

If a dispute is arbitrable, a court cannot refuse to refer parties to arbitration under Section 8 — Gauhati High Court

Industrial Tribunal’s findings on alleged misconduct without taking the inquiry report on record is not sustainable

Misconduct before an Arbitral Tribunal or Sole Arbitrator can constitute Contempt of Court

Bombay HC imposes Rs 1 lakh cost on husband for opposing wife’s plea to transfer divorce case

Interim measures in the Arbitration Act are meant to support, not undermine, arbitration

Consumer Commissions have the power to act as a Judicial Magistrate for trial of offences, including the power to issue arrest warrants

Delhi High Court sets aside arbitral award over arbitrator’s conflict of interest and failure to provide documents

Appellate power under Section 37 is limited within the domain of Section 34

Enforcement of an arbitral award expressed in foreign currency

Buy-out of one group by another is a preferred remedy to resolve deadlock in equal shareholding companies — NCLT Mumbai

PMLA accused need not be produced before a Magistrate within 24 hours if arrested from judicial custody — Madras High Court

Time to pass an arbitral award can be extended even after the 18-month deadline

Incriminatory statement given by a PMLA accused in custody is inadmissible in another money laundering case

Arbitrator can award pre-reference and pendente lite interest even when the agreement is silent on interest

Mother can change the surname of her son after the death of his biological father

Divorced Muslim women entitled to claim maintenance under Section 125 CrPC

Abortion allowed till 24 weeks of pregnancy in special cases

Service on a WhatsApp number and e-mail address constitutes valid service — Delhi High Court

No requirement to issue a fresh notice for re-commencing arbitration after the first award is set aside

Case Brief: Suwalal s/o Gopi v. State — A Critical Analysis

Delhi Skills Mission Society v. Samuel Foundation Charitable India Trust

Benefit of excluding court-closure period under Section 4 of the Limitation Act applies only if the Section 34 application is filed within the prescribed period

Evidence taken on record behind the back of the opposite party is a valid ground under Section 34 to set aside an award

Ministry of Youth Affairs and Sports v. Ernst & Young LLP and Anr.

Court under Section 11(6) is only entitled to examine existence of the arbitration agreement and timely filing of petitions

A judgment in your favour is only useful if someone argues it.