March 2023

    ICC Arbitral Award set aside by Delhi High Court, Upheld

    ICC Arbitral Award set aside by Delhi High Court, Upheld

    Posted on 18 March, 2023 by Adv Amogh

    Abstract : A division bench of the Delhi High Court on Friday upheld a single-judge order setting aside the arbitral award which had directed Antrix Corporation Limited (commercial arm of ISRO) to pay damages of over US$ 560 million along with interest to Devas Multimedia Private Limited. In its judgement, the division bench said that the act of fraud is an anathema to all equitable principles and every transaction tainted with fraud must be viewed with disdain by courts. "In the...
    Supreme Court on Cheque Bounce

    Supreme Court on Cheque Bounce

    Posted on 17 March, 2023 by Administrator

    In a matter of Ajay Kumar Radheshyam Goenka v. Tourism Finance Corporation of India Ltd, The Supreme Court on Thursday reiterated that the insolvency process initiated to recover debt does not absolve accused from criminal liability in cheque dishonour cases. A Bench of Justices Sanjay Kishan Kaul, Abhay S Oka and JB Pardiwala clarified that  proceedings under Section 138 of the Negotiable Instruments (NI) Act are penal in character and not mere recovery or suit proceedings. "We are...
    Legal Ethics Under Lens : Bench vs Bar, Judiciary vs Advocacy

    Legal Ethics Under Lens : Bench vs Bar, Judiciary vs Advocacy

    Posted on 13 March, 2023 by Administrator

    On 02-Mar-2023, an incident occurred in Supreme Court of India where in there is a “heated” exchange between present SCBA President Sr. Adv Vikas Singh and CJI. The cause of the same was Adv Singh seeking a matter relating to Bar and Lawyers Chamber to be listed which has been purportedly delayed for over 6 months.  For the interest of the reader,   the summary transcript of the heated exchange has been captured towards the end of this article.  But what is more pertinent subject...
    Binding verdict of Supreme court cannot be challenged under Art 32

    Binding verdict of Supreme court cannot be challenged under Art 32

    Posted on 10 March, 2023 by Administrator

    Abstract : Plea seeking a direction to the Centre to reinterpret section 24 (2) of the Land Acquisition Act 2013 before Honb'le bench of Supreme Court headed by Chief Justice D Y Chandrachud  Supreme Court dismissed a plea seeking to overrule a 2020 verdict delivered by a five-judge constitution bench pertaining to the land acquisition Act in A petition under Article 32 of the Constitution stating that same cannot be maintained to challenge a binding judgment of the apex court,....
    Chawla Rape and Murder - Status Update : Review Petition - FIRST Hearing

    Chawla Rape and Murder - Status Update : Review Petition - FIRST Hearing

    Posted on 2 March, 2023 by Administrator

    Previous Post : 05-Dec-2022 New Delhi [India], Mar 01: Aggrieved by potential opening of flood gate to acquit criminals involved in heinous crime of Rape and Murder of a young girl returning home in the evening  on account of “Benefit of Doubt” by Apex Court on account of inadmissibility of certain key evidences which were earlier adjudicated as admissible by the competent judicial forums, a team of concerned Legal practitioners viz., Adv Sandeep Sharma , Adv Varun Singh , and Adv...
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