Search Results for Tag : Clauses
News
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 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: 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
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: Drafting Confusing Arbitration Clauses Causing Unnecessary Litigation is Professional Misconduct(23.02.2026)
Supreme Court criticised law firms for drafting confusing arbitration clauses that spur avoidable litigation in overburdened courts, observing that su.....
Tags : Drafting, Arbitration Clauses, Professional Misconduct
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
International Cases
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
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
J&K&L HC: Properly Addressed and Sent Notice Deemed Served Under General Clauses Act(13.10.2025)
Jammu & Kashmir and Ladakh High Court upheld the dismissal of a BSF constable, reiterating that under Section 27 of the General Clauses Act, 1897, a n.....
Tags : Notice, General Clauses Act, Addressee
SC: Statutory Mandates Under MSMED Act Cannot be Overridden by Private Arbitration Clauses(16.05.2025)
SC has held that no party to a dispute covered under Section 17 of the MSMED Act, 2006 would be precluded from making a reference to the Facilitation .....
Tags : Supreme Court, Private Arbitration Clauses, MSMED Act
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
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: 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
Notifications & Circulars
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