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O P Jindal Global University

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Sparsh Jain

Arbitration agreement

SC expounds: When a clause in an agreement merely provides for settlement of disputes between the parties to the Chairman and Managing Director, it cannot be construed as an Arbitration clause. (Read Judgment)

Forced Arbitration

HC: Defence of full and final settlement of a claim will not be considered by the Court while examining the petition under Section 11(6) of the Arbitration Act. Read Judgment

National Company Law Appellate Tribunal

SC expounds: NCLT and NCLAT have no jurisdiction to adjudicate upon disputes which requires judicial review of administrative action. Read Judgment

Cheque Bounce

Supreme Court: A dishonor of cheque carries a statutory presumption of consideration. Read Judgment

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Detailed Analysis: SC grants bail to Former Union Minister P Chidambaram in INX Media Case, Read Judgment

Arbitration 1

HC expounds: Person cannot seek protection under Section 9, Arbitration Act, 1996 in the absence of that person being party to an Arbitration Agreement. Read Judgment

Arbitration

HC refuses to condone delay in filing of petition under Section of 34 of the Arbitration and Conciliation Act, 1996. Read Judgment

Supreme Court expounds: Order rejecting/granting bail, if passed without recording reasoning carries presumption of non-application of mind. Read Judgment

Delhi High Court Complex

Chief Justice of Delhi HC has issued Practice Directions in relation to Fresh Suits/Arbitration matters (Read Directions)

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SC reiterates: The judgement of acquittal maybe reversed for very substantial and compelling reasons only. Read Judgment

Reservation

SC directs the question of domicile/residence based reservation in admission to PG Medical Courses to a Larger Bench. Read Judgment

Fake Encounter

Fake Encounter: The saga continues By: Sparsh Jain

Supreme Court of India

SC expounds: A Judicial officer’s conduct which creates a perception beyond the ordinary cannot be accepted, rejects appeal by Judge. (Read Judgment)

Arbitration Proceeding

SC expounds: Place where cause of action arises is irrelevant once the parties have chosen “seat” for Arbitration. Read Judgment

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SC reiterates: State Legislature is incompetent to enact law which affects Jurisdiction of Supreme Court; strikes down Section 13(2) of State Rent Control Act. Read Judgment.

Medical Negligence

SC awards ₹76 Lakhs compensation in Medical Negligence case, [Read the Judgement]

Arbitration Contract

SC reiterates: Appointment of the arbitrators should be as per arbitration agreement, rejects HC appointment of sole arbitrator. [Read the Judgement]

SC acquits mother accused of killing her own infant daughter, sets aside orders of Trial Court and HC

Insolvency and Bankruptcy Code

What amounts to dispute under IBC? Can a settlement be arrived at once Insolvency and Resolution mechanism is initiated? By: Sparsh Jain

Court reiterates: Power of the Court is restricted only to examine the existence of the Arbitration clause [Read Judgment]

Forced Arbitration

HC: No difference b/w Objector who participates in Arbitration Proceedings and one who participates but didn't raise objection of Jurisdiction. [Read Judgment]

Prevention of Corruption Act

HC expounds: Amendments to Prevention of Corruption Act, 2018 do not have a retrospective effect [Read Judgment]

Illegal Detention in Indian Jails, pic by: Live Law

High Court holds the Detention Order of the Detainee to be in violation of Article 22(5) of the Constitution of India [Read Order]

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High Court observes: Sex on a false promise of marriage does not constitute rape (Read Judgment)

High Court refuses to register TCV (Typhoid Conjugate Vaccine) as a trademark; holds it to be a mere abbreviation [Read Judgment]

Supreme Court observes: There exists clear distinction b/w ‘retirement of a partner’ & ‘dissolution of a partnership firm’ (Read Judgement)

Delhi High Court Complex

Delhi High Court rules: The doctrines of promissory estoppel and legitimate expectation are inapplicable to educational/academic matters[Read Judgment]

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High Court observes cheating is a pandemic that can ruin the education system[Read Judgment]

Delhi High Court

High Court sets aside arbitral award on finding Arbitrator’s reasoning to be speculative [Read Judgment]

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Delhi HC's advise to Lawyers: While joining the virtual hearing, close all the old windows to ensure you are not locked out, Read Order

Examination

High Court to decide on 7th July whether to cancel final year examinations of the DU or not; asks UGC’S Committee to submit its report [Read Order]

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SC: Lawyers are intellectuals, they need to behave in an exemplary manner to save the dignity of the Legal Profession and Judiciary [Read Judgement]

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SC reiterates: If the suit is found to be vexatious and without any merit and does not disclose a right to sue, the Court would be justified in exercising the power under Order VII Rule 11 CPC [Read Judgment]

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SC: Service of summons and notices allowed through Whatsapp, via E-mail & Fax; RBI permitted to extend the validity of the cheque

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SC: Notice issued to Bar Council of India on plea to allow advocates to advertise and take up other works

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A larger bench of the SC to decide if remission can be granted to the prisoners by the Executive without placing individual facts of the cases before the Governor.

Arbitration and Conciliation

HC: Court can decide whether the dispute between the parties is arbitrable or not in an application filed under Section 8 of the Arbitration and Conciliation Act, 1996 [Read Judgment]

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SC allows appeal for enhancement of compensation to Rs. 41.6 lacs under Motor Vehicle Accident case [Read Judgment]

Trademark

Court grants ad-interim injunction against Los Politas for infringing Trademark of Polo Ralph Lauren [Read Order]

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SC: The law prevailing in the respective assessment year to be applied in the income tax-matters unless otherwise stated or implied [Read Judgment]

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Landmark Case Analysis on Preliminary Inquiry before registering FIR: Charan Singh v. State of Maharashtra

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