SUPREME COURT DECIDES UPON THE ISSUE OF MODIFICATION OF ARBITRAL AWARD BY AN ARBITRAL TRIBUNAL A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices M.R. Shah and B.V. Nagarathna passed a #Judgment dated 22-11-2021 in the case of Gyan Prakash Arya vs Titan Industries Limited {Civil Appeal No.6876 of 2021} and
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The Need for a “Right to Repair” in India
[Ganesh BL is an Associate at a law firm in Mumbai and Muskaan Ahuja is an Associate at a law firm in Delhi] The notion of the ‘right to repair’ is simple and effective: an individual purchasing a product must own it completely. Apart from being able to use the product in any way they
... Continue Reading.Journal on Governance: Call for Papers | Volume V Issue 1
[Announcement on behalf of the Journal on Governance] National Law University, Jodhpur is an institution of national prominence established under the National Law University, Jodhpur Act, 1999 by Rajasthan State Legislation. The University is established for the advancement of learning, teaching, research and diffusion of knowledge in the field of law. About the Journal The
... Continue Reading.CCI’s Opaque Penalty Regime: Need for Perspicuous Penalty Guidelines?
[Naman Katyal is a 4th-year B.A., LL.B. (Hons.) student at Gujarat National Law University, Gandhinagar] Since its inception, the Competition Commission of India (‘CCI’) has faced criticism for not supporting its calculations of quantum of penalty with suitable justifications and, therefore, levying arbitrary penalties in a number of judgements by courts and tribunals alike. In
... Continue Reading.SUPREME COURT HOLDS FIXING NOTIONAL INCOME SHOULD BE INCREASED IN ACCIDENT CASES DUE TO INFLATION
SUPREME COURT HOLDS FIXING NOTIONAL INCOME SHOULD BE INCREASED IN ACCIDENT CASES DUE TO INFLATION A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices R. Subhash Reddy and Hrishikesh Roy vide #Judgment dated 16-11-2021 in the case of Kurvan Ansari alias Kurvan Ali & Anr. v. Shyam Kishore Murmu & Anr.
... Continue Reading.SUPREME COURT SETS ASIDE ARBITRAL AWARD THAT ALLOWS INTEREST AS IT IS CONTRARY TO THE AGREED CONTRACTUAL TERMS
SUPREME COURT SETS ASIDE ARBITRAL AWARD THAT ALLOWS INTEREST AS IT IS CONTRARY TO THE AGREED CONTRACTUAL TERMS A Two-Judge Bench of the #SupremeCourt comprising of J. MR Shah and J. BV Nagarathna has in a matter of Union of India vs Manraj Enterprises Civil Appeal No. 6592 of 2021, passed a #Judgment dated 18-11-2021
... Continue Reading.Online Certificate Course on Competition Law: 27-28 November 2021
[Announcement on behalf of Fortitude Learning] Through this course we seek to provide the participants with an in-depth knowledge of various aspects of Competition Law practice used all around India and globally. This course is curated to provide the participants with a comprehensive understanding of various aspects of Competition Law. Topics to be covered Bid
... Continue Reading.SUPREME COURT UPHOLDS NCDRC’S VIEW ON UNJUSTIFIED DEMANDS OF A BUILDER
SUPREME COURT UPHOLDS NCDRC’S VIEW ON UNJUSTIFIED DEMANDS OF A BUILDER The #SupremeCourt of India in the matter of Experion Developers Pvt Ltd vs Pawan Gupta (Civil Appeal Nos. 3703-3704/2020) vide its Order dated 12-01-2021 affirmed the National Consumer Dispute Redressal Commission, New Delhi (“#NCDRC”) Judgment dated 26-08-2021 that #cancelled the #demand for excess area
... Continue Reading.Scope of Section 9(3) of the Arbitration Act: The Supreme Court Clarifies
[Ameya Vikram Mishra is an Associate at the office of Justice AK Sikri (Retd.). Satya Jha is a graduate of NUJS, Kolkata.] The 2015 Amendment Act brought significant changes to Section 9 of the Arbitration & Conciliation Act, 1996 (“Act”), which deals with granting interim reliefs by courts. The 2015 Amendment Act curtailed the court’s
... Continue Reading.Appointment of Substitute Arbitrators in India
[Dhruv S. Patel is an advocate practising in Gujarat and is associated with the Chambers of Adv. Jaideep B. Verma.] The appointment of substitute arbitrators in India has not been as straightforward as one would like to imagine. Since the last two decades, the Supreme Court of India and several High Courts have focused on
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