The National Company Law Appellate Tribunal (NCLAT) set aside an order of National Company Law Tribunal (NCLT) which mandated the impleadment of the Union Ministry of Corporate Affairs (MCA) as a party in all Insolvency and Bankruptcy Code (IBC) matters and Company Petitions. NCLAT was of the view that the order was
The Delhi High Court (HC) has held that the doctrine of frustration under Section 56 of the Indian Contract Act is not applicable to Lease Agreements.
This ruling is based on SC precedents which held that Section 56 is applicable only to “executory contracts” and not to “executed contracts
Applying the principle that an executing Court cannot travel beyond the relief granted in a decree, the Supreme Court (SC) held that an Arbitration award fixing the price of the land cannot be executed like a decree for specific performance of sale Agreement
Observing that the lockdown was prima facie in the nature of a force majeure, the Delhi High Court (HC) passed an interim order restraining the invocation of bank guarantees
The Supreme Court (SC) has reiterated that the concept of ‘ex post facto’ Environmental Clearance (EC) is against the fundamental principles of environmental jurisprudence. “…environment law cannot countenance the notion of an ex post facto clearance. This would be contrary to both the precautionary principle as well as the need for sustainable development
The Supreme Court (SC) has held that “Sexual harassment at the workplace is an affront to the fundamental rights of a woman to equality under Articles 14 and 15 and her right to live with dignity under Article 21 of the Constitution as well as her right to practice any profession or to carry on any occupation, trade
The Delhi High Court (HC) has held that the provision for filing written statements under Section 8 of the Arbitration and Conciliation Act, 1996 is governed by the law of limitation.
The Supreme Court has held that an Arbitration Clause in an agreement which is required to be duly stamped, wasn’t sufficiently stamped, cannot be acted upon by the Court in that case
The Court held that an award that is not based on reasons whatsoever, would amount to being an award that is opposed to public policy.
The Supreme Court in this case examined the jurisdiction of the Labour Court. Further, amongst other things, the concept of ‘malice in law’ was examined. malice in law. It was observed, ‘…As mentioned in the judgments referred to above, malice in law would be something which is done without lawful excuse or an act done