Search Results for Tag : Clause

International Cases

Trustees are not empowered to adopt an index other than RPI unless RPI had been discontinued as an officially published index and replaced(07.11.2018)

Present appeal raises a question of interpretation of a clause in a pension scheme trust deed which defines the phrase “Retail Prices Index” and which.....

Tags : Pension scheme, Clause, Interpretation

Clauses in which the annexures were mentioned had to be read not in isolation, but as part of the whole agreement(20.02.2023)

The issue in the appeal was whether an agreement concluded between the appellant, the first respondent and the second respondent was: (a) void for vag.....

Tags : Agreement, Clauses, Implementation

Non-fulfilment of the suspensive conditions renders the contract void ab initio(26.01.2024)

Present is an appeal against the judgment and order of the Gauteng Division of the high court, sitting as a court of first instance. The matter concer.....

Tags : Clause, Agreement, Validity

A settlement agreement can be set aside if it was fraudulently obtained(24.07.2024)

The Appellant and the Respondent were married, out of community of property, with the inclusion of the accrual system, on 4 November, 2000. Subsequent.....

Tags : Settlement agreement, Clauses, Common mistake

Notifications & Circulars

De-notification of Arbitration clause in all tariff products under Fire, Motor and Engineering, Workmen's Compensation and other classes of insurance business(23.01.2024)

In exercise of the powers conferred by sub section (1) of section 64 ULA of the Insurance Act, 1938, the Authority hereby de-notifies the Arbitration .....

Tags : Arbitration clause, Insurance business, Denotification

Guidelines under clause (10D) section 10 of the Income-Tax Act, 1961(19.01.2022)

1. Clause (10D) of section 10 of the Income-tax Act, 1961 (the Act) provides for income-tax exemption on the sum received under a life insurance polic.....

Tags : Guidelines, Clause, Income-Tax Act

Stand aside Dunlop there’s a new penalty sheriff in town(04.11.2015)

The United Kingdom Supreme Court passed rulings that are likely to send at least a few flutters of joy amongst the contract-writing community. Determi.....

Tags : Penalty clause, unfair, united kingdom, test

PMJJBY incorporates exclusion to discourage abuse(30.06.2016)

The Pradhan Mantri Jeevan Jyoti Bima Yojana will incorporate a lien clause, effective 1 June 2016, excluding claims for deaths occurring during the fi.....

Tags : pmjjby, lien clause, death, exclusion period

Central Government makes amendments in the notification of GOI, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes No.34/2020 dated the 23rd June, 2020(17.04.2023)

In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby makes the fol.....

Tags : Notification, Amendment, Clauses

News

Kerala HC Seeks Response of State Regarding Clause Restricting Non-Vaccinated Persons(10.08.2021)

Kerala High Court has sought the response of the State regarding a clause in its latest Government Order which restricts persons who have not taken CO.....

Tags : Kerala High Court, Clause Restricting Non-Vaccinated Persons

All. HC: Ineligibility of Arbitrator U/S 12(5) A&C Act Can't Make Arbitration Clause Itself Invalid(08.08.2023)

Allahabad High Court has observed that merely because the person, who could act as an arbitrator in terms of arbitration clause becomes ineligible to .....

Tags : Allahabad High Court, Arbitration Clause, Invalid, Appointment

Cal HC: Reference to Master Facility Agreement Not Sufficient to Incorporate Arbitration Clause(16.08.2023)

Calcutta High Court while observing that arbitration clause can’t be incorporated by reference without clear intention of parties, has held that a gen.....

Tags : Calcutta High Court, Master Facility Agreement, Arbitration Clause

Supreme Court Gives Nod to National Security Clause in MoP(06.03.2017)

Supreme Court has MoP has incorporated National Security Clause that Centre had insisted on, ending 17-month judiciary-executive deadlock that held up.....

Tags : Supreme Court, National Security Clause

SC: Mere Use of Words ‘Arbitration’ or ‘Arbitrator’ in Clause Won't Make it Arbitration Agreement(04.08.2022)

Supreme Court has held that mere use of the word "arbitration" or "arbitrator" in a clause will not make it an arbitration agreement, if it requires o.....

Tags : Supreme Court, Arbitration, Clause, Consent of Parties

Delhi HC: Practice of Handwritten Clauses In Mediation Settlement Needs To Be Discontinued(10.11.2021)

Delhi High Court has observed that the practice of handwritten clauses in mediation settlements needs to be discontinued forthwith, unless it is count.....

Tags : Delhi High Court, Practice of Handwritten Clauses In Mediation Settlement

SC: Arbitration Clauses in Unstamped Agreements are Inadmissible but not Void(13.12.2023)

Supreme Court 7-judge bench while overruling the 5-judge bench judgment in N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. (MANU/SC/04.....

Tags : Supreme Court, Arbitration Clauses, Unstamped Agreements

SC: For an Arbitration Clause to be Legally Binding it has to be in Consonance with Constitution(07.11.2023)

Supreme Court has held that for arbitration clause to be legally binding it has to be in consonance with “operation of law” which includes the Grundno.....

Tags : Supreme Court, Constitution, Arbitration Clause

ARBITRATION - Pre-Deposit Clauses to Invoke Arbitration Makes Arbitral Process Ineffective: SC(12.03.2019)

Supreme Court has observed that pre-deposit clauses to invoke arbitration would render the arbitral process ineffective and expensive, and also struck.....

Tags : Supreme Court, Arbitration, Pre-Deposit Clauses

Punjab and Haryana High Court Strikes Down Punjab Action Plan Clauses(28.01.2020)

Punjab and Haryana High Court has struck down Clauses 1 to 3 of The Punjab Action Plan, 2014, which provided summary eviction procedure for eviction f.....

Tags : Punjab and Haryana High Court, Punjab Action Plan Clauses

Bom HC: Arb. Clause Can’t be Invoked By Individuals/Minorities Of Housing Society In Dev. Agreement(09.02.2024)

Bombay High Court has held that individual/minority members of society cannot invoke arbitration clauses in development agreements against developer b.....

Tags : Bombay High Court, Housing Society, Development Agreement, Arbitration Clauses

Delhi HC: Non-Signatory Confirming Party to Arbitration Clause, Can Invoke Arbitration(13.10.2022)

Delhi High Court has held that a confirming party to a Contract, who is not bound by the terms of the Contract and on whom no liability is affixed und.....

Tags : Delhi High Court, Confirming Party, Arbitration Clause

SC: Arbitral Tribunal Before 2015 Amendment Would Lose Mandate on Violation of Neutrality Clause(05.01.2022)

Supreme Court has held that an arbitral tribunal constituted as per an arbitration clause before the 2015 amendment to the Arbitration and Conciliatio.....

Tags : Supreme Court, Arbitral Tribunal Before 2015 Amendment , Violation of Neutrality Clause

Delhi High Court: Contractual Clauses and Party’s Conduct Infer Seat of Arbitration(20.02.2024)

Delhi High Court has held that determination of seat of arbitration should be done on the basis of the clauses of agreement and the conduct of parties.....

Tags : Delhi High Court, Seat of Arbitration, Contractual Clauses

SC: Incorporation of One-Sided Clauses in Apartment Buyer’s Agreement is Unfair Trade Practice(12.01.2021)

Supreme Court has held that the incorporation of one-sided and unreasonable clauses in the Apartment Buyer's Agreement constitutes an unfair trade pra.....

Tags : Supreme Court, One-Sided Clauses in Apartment Buyer’s Agreement

SC: Specific Reference Needed to Effect Incorporation of Arbitration Clause in Another Contract(21.03.2024)

Supreme Court has held that when parties enter into a contract, making a general reference to another contract, such general reference would not have .....

Tags : Supreme Court, Incorporation, Arbitration Clause

Bombay HC: Arbitration Clause Cannot be Defeated by Adding Cause of Action Beyond its Scope(13.04.2020)

Bombay High Court has held that a litigant cannot be permitted to defeat an arbitration agreement by adding a cause of action in the suit which is not.....

Tags : Bombay High Court, Cause of Action Beyond Arbitration Clause's Scope

SC: Exemption Clauses in Insurance Contracts to be Construed Against Insurer in Case of Doubt(16.04.2020)

Supreme Court has stated that the exemption of liability clauses in insurance contracts are to be construed against the insurance company in case of a.....

Tags : SC, Exemption Clauses

SC: Existence of Arbitration Clause Does Not Debar Court from Entertaining Writ Petition(14.05.2021)

Supreme Court has observed that the existence of an arbitration clause does not debar the court from entertaining a writ petition in a contractual mat.....

Tags : Supreme Court, Existence of Arbitration Clause

Delhi High Court: Not Compulsory to Use the Word ‘Seat’ in an Arbitration Clause(11.04.2024)

Delhi High Court has held that to determine the jurisdiction of the Court having jurisdiction over the proceedings arising out of the arbitration agre.....

Tags : Delhi High Court, Arbitration Clause, Arbitration Agreement

All. HC: Arbitrator to Decide Whether Claims Prior to Work Order are Covered by Arb. Clause or Not(15.04.2024)

Allahabad High Court has held that it is upon the arbitrator to decide whether claims between the parties prior to the work order in question can be c.....

Tags : Allahabad High Court, Section 11 A&C Act, Arbitration Clause

Kerala HC Seeks Govt Explanation on Foreign Jurisdiction Clause and Lack of Law Dept Sanction(21.04.2020)

Kerala High Court has sought explanation from the Kerala Government on the foreign jurisdiction clause in the contract with United States-company Spri.....

Tags : Kerala High Court, Foreign Jurisdiction Clause

Madras HC: MSMED Act Overrides Arbitration Agreement between Parties(14.04.2022)

Madras High Court has ruled that section 18 of Micro, Small & Medium Enterprises Development Act, 2006 will override the arbitration clause between th.....

Tags : Madras High Court, Ministry of Micro, Small & Medium Enterprises Act, arbitration clause, overriding, non-obstante clause

Bombay HC: Arbitration Clause in Tax Invoice Does Not Constitute Arbitration Agreement(15.04.2022)

Bombay High Court has held that the arbitration clause in a tax invoice cannot be treated as an arbitration agreement binding on the parties.

Tags : Bombay High Court, Arbitration Clause in Tax Invoice

Calcutta HC: Subsequent Agreement Extending Validity Need Not Have Separate Arbitration Clause(25.04.2022)

Calcutta High Court has held that a subsequent agreement entered into between the parties need not contain a separate arbitration clause if it is made.....

Tags : Calcutta High Court, Subsequent Agreement, Arbitration Clause

Madras HC: Arbitration Clause Contained in Partnership Deed Survives Termination of Deed(25.04.2022)

Madras High Court has held that the arbitration clause contained in a partnership deed survives the termination of the deed. The Court held that the c.....

Tags : Madras High Court, Arbitration Clause Contained in Partnership Deed

NCDRC: Presence of Arbitration Clause in Agreement Doesn’t Bar Jurisdiction of Consumer Forum(05.05.2023)

National Consumer Dispute Redressal Commission (NCDRC) has held that consumer court retains the power to handle complaints, even if there is an arbitr.....

Tags : National Consumer Dispute Redressal Commission, Arbitration Clause, Consumer

Supreme Court Explains Whether Arbitration Clause Can be Invoked After Parties Compromise(01.08.2019)

Supreme Court has ruled that when the parties to a contract containing arbitration clause have settled their differences and have arrived at a comprom.....

Tags : Supreme Court, Arbitration Clause

SC Strikes Down Law Allowing Kerala to Annul Arbitration Clause and Arbitration Awards(05.05.2022)

Supreme Court has struck down the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998, saying it was “unconstitutional” as it v.....

Tags : Supreme Court , separation of powers, unconstitutional, arbitral awards, arbitration clause

SC: Order Passed Under Public Premises Act Doesn’t Bar Invocation of Arbitration Clause(23.10.2024)

SC has observed that if an arbitration clause is invoked by filing an application under Section 11(6) of the Arbitration & Conciliation Act, 1996 then.....

Tags : Supreme Court, Arbitration Clause, Public Premises

Del. HC: Arbitration Clause in Contract Perishes if the Contract is Novated(07.06.2023)

Delhi High Court has held that if the novated contract does not contain any arbitration clause, the arbitration clause in the original contract would .....

Tags : Delhi High Court, Arbitration Clause, Novation, Contract

Judgments

When arbitration clause is not applicable to particular work in question, arbitrator cannot be appointed(11.01.2019)

By way of present application filed under Section 11 of the Arbitration and Conciliation Act, 1996, the Petitioner, said to have entered into a contra.....

Tags : Arbitrator, Appointment, Clause

Mere vague averment bereft of material particulars cannot satisfy requirement of pleading mala fide or favoritism(27.07.2018)

Present writ appeal is filed against the order passed by the Writ Court. The Appellants herein are the Respondents before the Writ Court. The Responde.....

Tags : Tender notification, Clause, Arbitrariness

Pre-deposit clauses to invoke arbitration struck down by Supreme Court as it makes arbitral process ineffective and expensive(11.03.2019)

In present case, the Respondent issued notice inviting tender for extension and augmentation of water supply, sewerage scheme, pumping station and sew.....

Tags : Arbitral process, Pre-deposit, Clause

Court will not ordinarily interfere in policy matters as the same are based on expert knowledge of the persons concerned in the respective fields(18.05.2021)

Present Public Interest Litigation is filed by the Petitioner seeking a direction to the Respondent to expand the scope and ambit of Scheme for Faster.....

Tags : Scheme, Clause, Inclusion

Once there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties to arbitration in terms of the said agreement(09.11.2021)

The present petition under Article 227 of the Constitution of India impugns the judgment passed by the Additional District Judge, whereby the applicat.....

Tags : Existence, Arbitration clause, Jurisdiction

When term of a contract is unfair, particularly by adopting an unfair trade practice, the aggrieved party has to be extended the resultant relief(09.11.2022)

The Appellant secured a Standard Fire and Special Perils policy from the Respondent. The Policy was meant to cover a shop situated in the basement of .....

Tags : Deficiency, Service, Exclusion clause

Principles of Section 20 of CPC do not apply to the arbitration proceedings(31.10.2023)

Present petition is filed by the Petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief from this Court to re.....

Tags : Jurisdiction, Clause, Applicability

Dispute arising under the lease being governed under Transfer of Property Act are arbitrable(18.12.2020)

The Petitioner has instituted present petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitra.....

Tags : Arbitration Clause, Appointment, Arbitrator

Court refutes arguments transposing arbitration clause from pricing clause(01.07.2016)

An arbitration clause can be incorporated in a contract where reference to the same is made as part of the contract, the Madras High Court reiterated......

Tags : arbitration, clause, incorporation, contract

Mere existence of alternate forums does not create a legal bar on a High Court to exercise its writ jurisdiction(29.07.2019)

In present matter, the second Respondent, the All India Chess Federation is a society registered under the Societies Registration Act, 1860. It is a c.....

Tags : Legal bar, Clause, Jurisdiction

When the arbitration clause envisages a pre-arbitration protocol, the protocol has to be adhered to, before invoking arbitration(08.07.2024)

Present is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for resolution of the disputes between the parties through arb.....

Tags : Dispute, Resolution, Clause