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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Order Refusing to condone delay under Section 34 of the Arbitration & Conciliation Act, 1996 would be Appealable under Section 37 (1) (c) of the Act
A 3 Judge Bench of the Supreme Court recently in Chintels India Ltd. v. Bhayana Builders P. Ltd. [CA No. 4028 of 2020] has examined the legal question whether an appeal under section 37(1)(c) of the Arbitration Act, 1996 would be maintainable against an order refusing to condone delay in filing an application under section 34 of the Arbitration Act, 1996 to set aside an award. Answering the question of law in the affirmative, the Bench held as under:5. Having heard...
Retrospective Operation of the Benami Laws : The Confusion Remains!
Author : Saurabh SethThe Benami Transactions (Prohibition) Act, 1988 (“Original Act”) was enacted in the year 1988 with the object of prohibiting benami transactions. A benami transaction in simple terms refers to a transaction where a person actually purchasing a property does not do so in his own name, and does so in the name of another person, who is merely a ‘name lender’ or a ‘benamidar’. Such person who pays consideration is commonly referred to as the ‘beneficial owner’.The Original Act...
Amendment Conundrum
The President of India recently gave his assent to the Arbitration and Conciliation (Amendment) Bill, 2019 which was passed by the Rajya Sabha on July 18, 2019 and the Lok Sabha on August 01, 2019. Though the amendment seeks to implement sweeping changes to the existing enactment (“1996 Act”), the most controversial insertion is Section 87, which reads as under; 87. Unless the parties otherwise agree, the amendments made to this Act by the Arbitration and Conciliation (Amendment) Act, 2015...