maintainable Archives

Delhi High Court | Challenge to the mandate of the arbitrator on the ground of bias and impartiality cannot be raised under Section 14 of the Arbitration and Conciliation Act, 1996

The Ministry of Petroleum and Natural Gas in the Union Government had instituted proceedings under Sections 14(2) read with Section 15(2) of the Arbitration and Conciliation Act, 1996 (Act) for a declaration that the majority of the members of the Arbitral Tribunal were de jure/de facto unable to discharge their functions and consequently their mandate stands terminated in terms of Section 14 of the Act.

Case Briefs High Courts

Bombay High Court| ‘Deposit receipt’ confirming accounts amounts to a written contract for a summary suit to be maintainable

Bombay High Court: In a commercial division summary suit instituted by Aziz Amir Ali (‘plaintiff’) who is former employee of a registered

Case Briefs High Courts

Writ under Art 226 maintainable for grant of extension of parole; Himachal Pradesh High Court dismissed petition under S. 482 CrPC

Himachal Pradesh High Court: Vivek Singh Thakur, J. dismissed the petition filed under Sec 482 Criminal Procedure Code (‘CrPC') for

Case Briefs High Courts

MP HC | Application under S. 151 of CPC maintainable despite the fact that order allowing the application under Or. 7 R. 11 of CPC is appealable; Trial Court directed to restore civil suit

Madhya Pradesh High Court: Dwarka Dhish Bansal, J. allowed a civil revision under Section 115 of CPC against the order rejecting application

Case Briefs High Courts

Pat HC | Writ petition not maintainable if liberty to file review petition is granted while dismissing appeal

Patna High Court: The Bench of Ashutosh Kumar, J. hearing a civil writ petition challenging the order passed by Division Bench of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | No appeal against reference of arbitration lies under Section 421 of Companies Act, 2013

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, member (Judicial) dismissed an

Case Briefs Foreign Courts

Salesman not a ‘workman’ but entitled to relief for dismissal of service under the Payment of Wages Act, 1936

Supreme Court of Pakistan: A Division Bench comprising of Mushir Alam and Munib Akhtar, JJ. while hearing an appeal in relation to

Case Briefs High Courts

Suit for injunction simpliciter maintainable where one co-owner encroaches upon the property held and possessed by all the joint owners

Jammu & Kashmir High Court: A Single Judge Bench of Sanjeev Kumar, J., dismissed a second appeal filed against the order of

Case Briefs High Courts

Writ petition not maintainable if there is a remedy for redressal by a competent statutory Authority

Calcutta High Court: A Division Bench comprising of Biswanath Somadder and Arindam Mukherjee, JJ., dismissed an appeal in light of the availability