17 February 2020

Search Results for Tag : Clause


Court refutes arguments transposing arbitration clause from pricing clause(01.07.2016)

An arbitration clause can be incorporated in a contract where reference to the same is made as part of the contract, the Madras High Court reiterated......

Tags : arbitration, clause, incorporation, contract


Mere vague averment bereft of material particulars cannot satisfy requirement of pleading mala fide or favoritism(27.07.2018)

Present writ appeal is filed against the order passed by the Writ Court. The Appellants herein are the Respondents before the Writ Court. The Responde.....

Tags : Tender notification, Clause, Arbitrariness


When arbitration clause is not applicable to particular work in question, arbitrator cannot be appointed(11.01.2019)

By way of present application filed under Section 11 of the Arbitration and Conciliation Act, 1996, the Petitioner, said to have entered into a contra.....

Tags : Arbitrator, Appointment, Clause


Mere existence of alternate forums does not create a legal bar on a High Court to exercise its writ jurisdiction(29.07.2019)

In present matter, the second Respondent, the All India Chess Federation is a society registered under the Societies Registration Act, 1860. It is a c.....

Tags : Legal bar, Clause, Jurisdiction


Notifications & Circulars

PMJJBY incorporates exclusion to discourage abuse(30.06.2016)

The Pradhan Mantri Jeevan Jyoti Bima Yojana will incorporate a lien clause, effective 1 June 2016, excluding claims for deaths occurring during the fi.....

Tags : pmjjby, lien clause, death, exclusion period



Supreme Court Gives Nod to National Security Clause in MoP(06.03.2017)

Supreme Court has MoP has incorporated National Security Clause that Centre had insisted on, ending 17-month judiciary-executive deadlock that held up.....

Tags : Supreme Court, National Security Clause


ARBITRATION - Pre-Deposit Clauses to Invoke Arbitration Makes Arbitral Process Ineffective: SC(12.03.2019)

Supreme Court has observed that pre-deposit clauses to invoke arbitration would render the arbitral process ineffective and expensive, and also struck.....

Tags : Supreme Court, Arbitration, Pre-Deposit Clauses


Supreme Court Explains Whether Arbitration Clause Can be Invoked After Parties Compromise(01.08.2019)

Supreme Court has ruled that when the parties to a contract containing arbitration clause have settled their differences and have arrived at a comprom.....

Tags : Supreme Court, Arbitration Clause


Punjab and Haryana High Court Strikes Down Punjab Action Plan Clauses(28.01.2020)

Punjab and Haryana High Court has struck down Clauses 1 to 3 of The Punjab Action Plan, 2014, which provided summary eviction procedure for eviction f.....

Tags : Punjab and Haryana High Court, Punjab Action Plan Clauses


International Cases

Trustees are not empowered to adopt an index other than RPI unless RPI had been discontinued as an officially published index and replaced(07.11.2018)

Present appeal raises a question of interpretation of a clause in a pension scheme trust deed which defines the phrase “Retail Prices Index” and which.....

Tags : Pension scheme, Clause, Interpretation


Stand aside Dunlop there’s a new penalty sheriff in town(04.11.2015)

The United Kingdom Supreme Court passed rulings that are likely to send at least a few flutters of joy amongst the contract-writing community. Determi.....

Tags : Penalty clause, unfair, united kingdom, test