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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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Legal Blog Team

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...

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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...

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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...

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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 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...

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....

Non Est Filing and Condonation of Delay in challenge to Arbitral Awards : Delhi High Court answers

The Division Bench of the Delhi High Court in Oil and Natural Gas Corporation Ltd. v. Joint Venture of M/s Sai Rama Engineering Enterprises (SREE) & Megha Engineering & Infrastructure Ltd. (MEIL) has answered as to what would constitute a non est filing...

Mere Participation in Arbitral Proceedings before an Ineligible Arbitrator would not constitute a Waiver of right to object to the Ineligibility : Delhi High Court Rules

The Division Bench of the Delhi High Court in Govind Singh v. M/s Satya Group P. Ltd. [Neutral Citation 2023/DHC/000081] has delivered a recent judgment examining the law relating to the validity of an award passed by an ineligible arbitrator. The Bench further held...

Contract of Personal Service : Not Enforceable in law being in Restraint of Trade : Delhi High Court Rules

Justice Amit BansalDelhi High CourtJustice Amit Bansal recently [in Global Music Junction P. Ltd. v. Annapurna Films P. Ltd. - Neutral Citation No. 2023/DHC/000064] delivered a judgment examining the law relating to restraint of trade under S. 27 of the Indian...

Disputes falling within the ambit of SARFAESI Act are per se non arbitrable : Delhi High Court Rules

Justice Yashwant Varma, Delhi High Court  Justice Yashwant Varma has recently in a batch of petitions under S. 9 of the Arbitration & Conciliation Act, 1996, titled Fermina Developers P. Ltd. v. Indiabulls Housing Finance Ltd. - Neutral Citation No....

Comparative Advertising & Disparagement : Delhi High Court

Justice Prathiba M. Singh, Delhi High CourtJustice Prathiba M. Singh of the Delhi High Court has recently in Zydus Wellness Products Ltd. v. Dabur India Ltd. (Neutral Citation: 2022/DHC/005793) has examined the law of disparagement in relation to comparative...

Judgment / Award Debtor not entitled to deduct TDS on Awarded Amount : Delhi High Court Rules

Justice Vibhu BakhruJudge, Delhi High CourtThe Delhi High Court recently in Voith Hydro Ltd. & Ors. v. NTPC Ltd. [OMP (ENF.) (COMM.) 64/2018] decided an interesting question as to whether a judgment / award debtor is entitled to deduct TDS on the amount awarded by...

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...