3 October 2022


Search Results for Tag : clause

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

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Judgments

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

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Pre-deposit clauses to invoke arbitration struck down by Supreme Court as it makes arbitral process ineffective and expensive(11.03.2019)

In present case, the Respondent issued notice inviting tender for extension and augmentation of water supply, sewerage scheme, pumping station and sew.....

Tags : Arbitral process, Pre-deposit, Clause

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Court will not ordinarily interfere in policy matters as the same are based on expert knowledge of the persons concerned in the respective fields(18.05.2021)

Present Public Interest Litigation is filed by the Petitioner seeking a direction to the Respondent to expand the scope and ambit of Scheme for Faster.....

Tags : Scheme, Clause, Inclusion

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Once there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties to arbitration in terms of the said agreement(09.11.2021)

The present petition under Article 227 of the Constitution of India impugns the judgment passed by the Additional District Judge, whereby the applicat.....

Tags : Existence, Arbitration clause, Jurisdiction

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Notifications & Circulars

Guidelines under clause (10D) section 10 of the Income-Tax Act, 1961(19.01.2022)

1. Clause (10D) of section 10 of the Income-tax Act, 1961 (the Act) provides for income-tax exemption on the sum received under a life insurance polic.....

Tags : Guidelines, Clause, Income-Tax Act

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News

Bombay HC: Arbitration Clause Cannot be Defeated by Adding Cause of Action Beyond its Scope(13.04.2020)

Bombay High Court has held that a litigant cannot be permitted to defeat an arbitration agreement by adding a cause of action in the suit which is not.....

Tags : Bombay High Court, Cause of Action Beyond Arbitration Clause's Scope

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SC: Mere Use of Words ‘Arbitration’ or ‘Arbitrator’ in Clause Won't Make it Arbitration Agreement(04.08.2022)

Supreme Court has held that mere use of the word "arbitration" or "arbitrator" in a clause will not make it an arbitration agreement, if it requires o.....

Tags : Supreme Court, Arbitration, Clause, Consent of Parties

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SC Strikes Down Law Allowing Kerala to Annul Arbitration Clause and Arbitration Awards(05.05.2022)

Supreme Court has struck down the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998, saying it was “unconstitutional” as it v.....

Tags : Supreme Court , separation of powers, unconstitutional, arbitral awards, arbitration clause

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Calcutta HC: Subsequent Agreement Extending Validity Need Not Have Separate Arbitration Clause(25.04.2022)

Calcutta High Court has held that a subsequent agreement entered into between the parties need not contain a separate arbitration clause if it is made.....

Tags : Calcutta High Court, Subsequent Agreement, Arbitration Clause

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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

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SC: Existence of Arbitration Clause Does Not Debar Court from Entertaining Writ Petition(14.05.2021)

Supreme Court has observed that the existence of an arbitration clause does not debar the court from entertaining a writ petition in a contractual mat.....

Tags : Supreme Court, Existence of Arbitration Clause

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Dispute arising under the lease being governed under Transfer of Property Act are arbitrable(18.12.2020)

The Petitioner has instituted present petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitra.....

Tags : Arbitration Clause, Appointment, Arbitrator

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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

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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

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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

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SC: Exemption Clauses in Insurance Contracts to be Construed Against Insurer in Case of Doubt(16.04.2020)

Supreme Court has stated that the exemption of liability clauses in insurance contracts are to be construed against the insurance company in case of a.....

Tags : SC, Exemption Clauses

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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

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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

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Bombay HC: Arbitration Clause in Tax Invoice Does Not Constitute Arbitration Agreement(15.04.2022)

Bombay High Court has held that the arbitration clause in a tax invoice cannot be treated as an arbitration agreement binding on the parties.

Tags : Bombay High Court, Arbitration Clause in Tax Invoice

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SC: Incorporation of One-Sided Clauses in Apartment Buyer’s Agreement is Unfair Trade Practice(12.01.2021)

Supreme Court has held that the incorporation of one-sided and unreasonable clauses in the Apartment Buyer's Agreement constitutes an unfair trade pra.....

Tags : Supreme Court, One-Sided Clauses in Apartment Buyer’s Agreement

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Delhi HC: Practice of Handwritten Clauses In Mediation Settlement Needs To Be Discontinued(10.11.2021)

Delhi High Court has observed that the practice of handwritten clauses in mediation settlements needs to be discontinued forthwith, unless it is count.....

Tags : Delhi High Court, Practice of Handwritten Clauses In Mediation Settlement

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SC: Arbitral Tribunal Before 2015 Amendment Would Lose Mandate on Violation of Neutrality Clause(05.01.2022)

Supreme Court has held that an arbitral tribunal constituted as per an arbitration clause before the 2015 amendment to the Arbitration and Conciliatio.....

Tags : Supreme Court, Arbitral Tribunal Before 2015 Amendment , Violation of Neutrality Clause

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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

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Madras HC: Arbitration Clause Contained in Partnership Deed Survives Termination of Deed(25.04.2022)

Madras High Court has held that the arbitration clause contained in a partnership deed survives the termination of the deed. The Court held that the c.....

Tags : Madras High Court, Arbitration Clause Contained in Partnership Deed

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Kerala HC Seeks Response of State Regarding Clause Restricting Non-Vaccinated Persons(10.08.2021)

Kerala High Court has sought the response of the State regarding a clause in its latest Government Order which restricts persons who have not taken CO.....

Tags : Kerala High Court, Clause Restricting Non-Vaccinated Persons

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Kerala HC Seeks Govt Explanation on Foreign Jurisdiction Clause and Lack of Law Dept Sanction(21.04.2020)

Kerala High Court has sought explanation from the Kerala Government on the foreign jurisdiction clause in the contract with United States-company Spri.....

Tags : Kerala High Court, Foreign Jurisdiction Clause

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Madras HC: MSMED Act Overrides Arbitration Agreement between Parties(14.04.2022)

Madras High Court has ruled that section 18 of Micro, Small & Medium Enterprises Development Act, 2006 will override the arbitration clause between th.....

Tags : Madras High Court, Ministry of Micro, Small & Medium Enterprises Act, arbitration clause, overriding, non-obstante clause

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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

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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

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