The overall goal of the BALCO decision is to protect the future from previous incorrect and anachronistic rulings, as well as to encourage Indian courts to become more arbitration-friendly and thus less likely to participate in the arbitral phase, in accordance with the fundamental theory and ethos of the New York Convention and UNCITRAL Model Rule.
Category: Case Brief
The court placed emphasis and provided a clear explanation of how it recognizes the parties’ arbitration agreement. This article is a case study of the same case that discusses each aspect in detail with critical analysis.
The judgment appears to clear up any confusion regarding the standards for granting interim protection under the Arbitration Act, particularly regarding whether the CPC 1908’s applicable level must be met before interim protection under the Arbitration Act is granted.
The parties’ execution of a Contract Agreement (the “contract”) followed the issuance of the Letter of Award.
Background ‘Essentials conditions for granting maintenance include the following points”: Facts of the Case Three boys and two daughters were born to Mohd Ahmed Khan (the appealing party), a lawyer by profession, and Shah Bano Begum (the respondent), whom he married in 1932. Shah Bano was forced to leave their…
The decision distinguished between International Commercial Arbitration and Domestic Arbitration by putting them to the test of nationality and domicile.
The Sole Arbitrator was absent on one of the specified occasions, making it impossible for him to conduct the proceedings.
The case of Managing Director ECIL v. B. Karunakar, heard by the Supreme Court of India in 1993, concerned the dismissal of an employee of Electronics Corporation of India Limited (ECIL). The case involved issues of natural justice, disciplinary proceedings, and the scope of the Public Servant (Inquiries) Act, 1850.
In November, 1861, Fletcher brought an action against Ryland … V. and there was no charge of negligence made against the Defendants. RYLANDS personally.
Kulbhushan Jadhavwas sentenced to death by a Pakistani military court on charges of espionage and terrorism in April 2017
Facts- The case starts from the time Mr. N. L Patel was appointed as the Chief Judicial Magistrate. After being appointed as the CJM he found that the local police were not cooperating with the court orders in issuing warrants, giving notice to the people as a result of which…
Introduction:- According to this Indian Partnership Act 1932, partnership is a category of commerce in which two or more than two persons comes into a official agreement to run an association with agrees to be the co-owners also consent to distribute duties and obligations and split the earnings, takings or…
Indian Partnership Act was earlier part of the Indian Contract itself. It was the eleventh chapter of the Indian Contract Act. The provisions of the Indian Partnership Act were covered under Sections 239 to section 266. Later it was separated by the Indian Contract Act. The provisions of the Indian…
INTRODUCTION Contracts are an inevitable and indispensable part of our lives whether it be small contracts like buying a chocolate from a grocery store or big contracts like buying and selling properties and huge machineries. All of these contracts are governed by the Indian contract act 1872. There are few…
▪ Citation: Jolly George Varghese & Anr. v. The Bank of Cochin 1980 AIR 470, 1980 SCR(2) 913 ▪ Bench: Justice V.R. Krishnaiyer and Justice R.S. Pathak ▪ Brief of Facts: Here is an appeal by the appellants-whose personal freedom is in peril because a court warrant for arrest and…
Daya Shankar vs High Court Of Allahabad And Ors. Equivalent citations: AIR 1987 SC 1469 Bench: O C Reddy, K J Shetty FACTS OF THE CASE: The petitioner was a member of the U.P. State Judicial Service where he was appointed as Munsif and later on posted at Aligarh. While…
CASE BRIEF: Hikmat Ali Khan vs Ishwar Prasad Arya & Ors on 28 January 1997 CITATION: AIR 1997 SC844 Case no: civil appeal no. 4249 of 1986 decided on January 28, 1997 PETITIONER: HIKMAT ALI KHAN Vs. RESPONDENT: ISHWAR PRASAD ARYA & ORS. DATE OF JUDGMENT: 28/01/1997 BENCH: S.C….
CASE BRIEF: R. H. GARG V STATE OF HIMACHAL PRADESH Citation: AIR 1981 SCE 1382 J8CC166 Case no: contempt appeal no. 19 of 1981, decided on April 22, 1981 Judges on the bench: Y. V. Chandrachud, C. J. , A. P. Sen Acts in the case: section 19(1)(b) of the…
CASE LAW: Nand Lal Balwani, S/O Late … vs Unknown CASE NO.: Suo Motu Contempt was decided on February 26, 1999. EQUIVALENT CITATIONS: AIR 1999 SC 1300, 1999 (1) ALD Cri 587, 1999 (1) ALT Cri 186, 1999 CriLJ 2032, JT 1999 (2) SC 61, RLW 1999 (3) SC 465,…
CASE LAW: D.S. Dalal vs State Bank Of India And Ors Citation: 1993 AIR 1608 1993 SCR (2) 488 1993 SCC Supl. (3) 557 JT 1993 (2) 337 1993 SCALE (2)78 Appeal: Civil Appeal no.251 of 1982 Judges: KULDIP SINGH & N.M. KASLIWAL, JJ. Date of Judgment: Mar 18, 1993 B.Singh, S.K.Gambhir and…
JOHN D’SOUZA V EDWARD ANI
CASE BRIEF:John D’souza V. Edward Ani [1993] Insc 532; Air 1994 Sc 975; 1994 (2) Scc 64; 1993 Suppl.jt 327; 1993 (4) Scale 702 (17 December 1993) Court Judgment Information Year of judgement: 17 December 1993 Court: Supreme Court of India INSC: [1993] INSC 5322 CITATION OF THE CASE: 1994…
The Supreme Court relied on the legal precedents which supported the exemption of leaving the fisherperson out of the war.
The Supreme Court has observed that there has been an increase in unauthorized constructions primarily in urban areas due to the soaring price of real estate.
CASE LAW: PREM SURANA V ADDITIONAL MUNSIF AND JUDICIAL MAGISTRATE CITATION: AIR 2002 6SCC 722 DATE OF JUDGEMENT: AUGUST 13Th 2002 PETITIONER: Prem Surana RESPONDENT: Additional Munsif and Judicial Magistrate and Anr. APPEAL: Criminal appeal no.666 of 1994 (from the judgment and order dated 23.9.1994 of the Rajasthan High Court…
Present during the case: The Marshall Islands: The Marshall Island officially known as the Republic of Marshall Islands (Republic of Marshall Island) is an island country near the equator of the Pacific Ocean, One effect of the Republic of the Marshall Islands (RMI) initiative is to bring on the policies…