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Constitution Benches of the Supreme Court: An analysis - Bar and …
WEBSep 28, 2019 · A Constitution Bench is a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. A vast majority of cases before the Supreme Court are heard and decided by a bench of two judges (called a Division Bench), and sometimes of three. Constitution Benches …
The IL&FS Insolvency case: A summary of the journey so far - Bar …
WEBJul 21, 2019 · IL&FS Group, which has approximately over Rs. 91,000 crores in debt, is facing a severe liquidity crisis. Between July 2018 and September 2018, two of the subsidiaries of IL&FS Group reported having trouble in paying back loans and inter-corporate deposits to banks/lenders. The liquidity crisis in IL&FS Group – …
Quashing of FIRs by High Courts under Section 482 CrPC: A closer …
WEBNov 14, 2022 · The bare text of Section 482 of the Code reads as under: "482. Saving of inherent powers of High Court.— Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice."
Exclusive Jurisdiction Clauses in a Contract: Key issues - Bar and …
WEBSep 11, 2019 · Exclusive jurisdiction clauses enunciate a choice by parties to limit the place of institution of the suit to one forum. Section 23 of the Indian Contract Act, 1872 (‘Contract Act’) mandates, inter alia, that there cannot be a contract which is forbidden by or defeats any provision of law.Section 28 makes an absolute restraint on a legal recourse or ability to enforce rights under a ...
40 important Judgments on Arbitration from June to December 2021
WEBDec 29, 2021 · Sagar Constructions v. Govt. (NCT) of Delhi (Judgment dated 06.10.2021 in ARB.P. 856/2021) The High Court of Delhi held that a party cannot restrict the right of the other party to invoke arbitration to a lesser period than provided under the Arbitration Act. It held that the right of the party to invoke arbitration would be three years from ...
“Shall” Shocked: The use of shall in legal documents - Bar and Bench
WEBJun 19, 2021 · Take a typical governing clause in an agreement which typically reads: “This Agreement shall be governed by the law of India.” If “shall” is considered to mean “has a duty to”, the sentence would read: “This Agreement has a duty to be governed by the law of India.” The intended meaning is not to impose any obligation, but it is to state a fact.
AI-powered Indian judiciary: A step forward or cause for concern?
WEBJun 6, 2023 · Manthan Trivedi. This AI-powered solution was the brainchild of a team of tech experts led by Manthan Trivedi. The idea was to assist stakeholders in reducing pendency in the judiciary through technological innovation. But the initial apprehension in accepting and understanding a new technology is palpable. He …