Day: May 27, 2018

Though an arbitrator is specified in the agreement for arbitration, if circumstances so warrant, the Chief Justice or the designated Judge is free to appoint an independent arbitrator
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Though an arbitrator is specified in the agreement for arbitration, if circumstances so warrant, the Chief Justice or the designated Judge is free to appoint an independent arbitrator

Supreme court in the case of Union of India v. BESCO Ltd. [Civil Appeal No.4483 of 2017], while examining the issue as to whether the Chief Justice of a High Court or any person or institution designated by him,...
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Unless the Magistrate is satisfied that there is sufficient ground for proceeding with the complaint or sufficient material to justify the issue of process, he should not pass the order of issue of process.
1 min read

Unless the Magistrate is satisfied that there is sufficient ground for proceeding with the complaint or sufficient material to justify the issue of process, he should not pass the order of issue of process.

Supreme Court in the case of K. Sitaram & Anr. v. CFL Capital Financial Service Ltd. & Anr. [Criminal Appeal No.2285 of 2011], it was held that “when a person files a complaint and supports it on oath, rendering...
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Place of arbitration determines the law applicable to arbitration and related matters and in pursuance arbitration agreement if the arbitration took place outside India Part-I of the Arbitration Act to be excluded.
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Place of arbitration determines the law applicable to arbitration and related matters and in pursuance arbitration agreement if the arbitration took place outside India Part-I of the Arbitration Act to be excluded.

Supreme court in the case of Imax Corporation v. M/s E-City Entertainment (I) Pvt. Ltd. [Civil Appeal No.3885 of 2017], while addressing the issue as to whether the seat of arbitration itself is a decisive factor to exclude Part-I of the Arbitration...
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Supreme Court directions speeding up disposal of cases of undertrials pending in subordinate courts and appeals pending in the High Courts.
2 min read

Supreme Court directions speeding up disposal of cases of undertrials pending in subordinate courts and appeals pending in the High Courts.

SUPREME COURT in the case of Hussain and Anr. v. Union of India [Criminal Appeal No.509 of 2017], the Chief Justices of all High Courts were asked to forthwith take appropriate steps consistent with the directions of the Supreme...
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An administrative circular issued by SEBI under Section 11(1) of the SEBI Act, 1992, can be subject matter of appeal under Section 15T of the said Act
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An administrative circular issued by SEBI under Section 11(1) of the SEBI Act, 1992, can be subject matter of appeal under Section 15T of the said Act

Supreme Court in the case of National Securities Depository Ltd. v. Securities and Exchange Board of India [Civil Appeal No.5173 of 2006], while examining the question as to whether an administrative circular issued by SEBI under Section 11(1) of...
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To send a reminder notice to the drawer of the cheque and such notice cannot be construed as an admission of nonservice of the first notice
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To send a reminder notice to the drawer of the cheque and such notice cannot be construed as an admission of nonservice of the first notice

In the case of N. Parameswaran Unni v. G. Kannan and Another [Criminal Appeal No.455 of 2006], it was held that generally there is no bar under the Negotiable Instruments Act, 1881 “to send a reminder notice to the drawer of the...
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Imposition of exemplary costs is a necessary instrument to be deployed to weed out and to prevent the filing of frivolous cases
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Imposition of exemplary costs is a necessary instrument to be deployed to weed out and to prevent the filing of frivolous cases

Supreme Court in the case of Dnyandeo Sabaji Naik and Anr. v. Mrs. Pradnya Prakash Khadekar and Ors [SLP (C) Nos. 25331-33 of 2015], a three Judge Bench observed that the Supreme Court must view with disfavour any attempt by a litigant...
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Private individuals can be prosecuted by the Court on the ground that they have abetted the act of criminal misconduct falling under Section 13(1)(e) of PC Act 1988 committed by the public servant
2 min read

Private individuals can be prosecuted by the Court on the ground that they have abetted the act of criminal misconduct falling under Section 13(1)(e) of PC Act 1988 committed by the public servant

Supreme Court  in the case of State of Karnataka v. Selvi J. Jayalalitha & Ors. [Criminal Appeal Nos.300 – 303 of 2017], wherein charges were framed against A1 – former Chief Minister of the State of Tamil Nadu and...
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