Welcome to Legal Blog
The Legal Blog is an earnest attempt to promote research based websites / blogs, by providing free, accurate and up to date information to lawyers, students and the layman. We at Legal Blog, attempt to simplify legal concepts by providing the latest case law and articles on various important topics.Team LB
Welcome to Legal Blog
The Legal Blog is an earnest attempt to promote research based websites / blogs, by providing free, accurate and up to date information to lawyers, students and the layman. We at Legal Blog, attempt to simplify legal concepts by providing the latest case law and articles on various important topics.
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Seat / Venue of Arbitration not a determinative factor in attracting jurisdiction of a Writ Court: Delhi High Court
The Delhi High Court in Durgapur Freight Terminal P. Ltd. v. Union of India has recently held that an arbitration clause providing for seat / venue would not be a determinate factor for conferring jurisdiction on a writ court, if the court otherwise does not have jurisdiction in the traditional sense. The bench analysed the provisions of Article 226 of the Constitution of India, 1950 and also the concept of forum convenience, to hold that the courts at Delhi would not have jurisdiction as no...
Jurisdiction Clause vis-a-vis Venue and Seat of Arbitration: Delhi High Court answers
Justice Yashwant VarmaThe Delhi High Court in Inland Waterways Authority of India v. Reach Dredging Ltd. and Gayatri Projects P. Ltd. has examined the interplay between the jurisdiction clause in the arbitration agreement vis a vis the venue / seat prescribed under the agreement. The High Court held as under:3. For the purposes of evaluating the correctness of the preliminary objection which stands raised, it would be apposite to extract the two competing clauses in the backdrop of which the...
Grant of Pre-Publication Injunction : Principles Discussed
Justice VarmaJustice Yashwant Varma recently in Sushil Ansal v. Endemol India P. Ltd. & Ors. [2023/DHC/000205] had occasion to examine the law in relation to grant of pre-publication injunction in relation to a web series concerning the Uphaar tragedy. While considering various Indian and international precedents on the subject, Justice Varma rejected the plea of Sushil Ansal to injunct the publication of the web series. The operative part of the decision reads as under:18. At...