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India
M Mulla Associates
The Apex Court in a recent decision in Thangam and Another vs Navami Ammal, inter alia observed that Order VIII Rule 3 and Rule 5 of the Civil Procedure Code, 1908, required specific admission and denial of the pleadings in the plaint.
Acuity Law
Arbitration is known to be a preferable method of dispute resolution in resolving cross-border disputes for commercial entities operating in multiple jurisdictions.
ANM Global
The Mediation Act 2023 received the President's assent on 14th September 2023 and came to be published and notified by the Ministry of Law and Justice in the Gazette of India on 15th September 2023.
Mansukhlal Hiralal & Co.
The Government of Maharashtra acting through Law and Judiciary Department on 16 January 2024 notified an amendment to Section 1(2) of the Bombay City Civil Court Act...
Legacy Law Offices
The Order IV: Institution of Suits of the Code of Civil Procedure, 1908 (hereinafter CPC) specifies that a suit shall be instituted by presentation of Plaint.
Khurana and Khurana
A party has a right to file a civil suit and has a right to make that suit end with a compromise. In this blog we are going to deal with a party who is not just an individual but a group of people...
Kochhar & Co.
The Mediation Bill, 2023 (‘Mediation Bill') was passed by the Rajya Sabha on 2nd August 2023 and by the Lok Sabha on 7th August 2023.
Legacy Law Offices
The Order XI of Civil Procedure Code applicable to commercial disputes of specified value as introduced by the Commercial Courts Act, 2015 is different from the Order XI of Civil Procedure Code applicable to other Civil Disputes in material ways.
Khaitan & Co LLP
Being one of the three chartered High Courts in the country, the Bombay High Court has original jurisdiction to try suits of a civil nature arising within Greater Bombay i.e., Mumbai district.
S&A Law Offices
Beyond contractual enablement, the legal validity of third-party litigation funding ("TPLF") in India is an open-ended question.
Karanjawala & Company
The Mediation Bill of 2021 was introduced in the Rajya Sabha on December 20, 2021, and subsequently, on December 21, 2021...
Karanjawala & Company
Arbitration proceedings can involve disputes that require an expert's opinion to assist the arbitral tribunal in technical, scientific, and financial matters, at times.
S.S. Rana & Co. Advocates
The Division Bench of the Hon'ble High Court of Bombay in a judgment titled "Ramesh vs State of Maharasthra & Anr.", bearing Criminal Application No. 2810 of 2021, while quashing an F.I.R. bearing No. 401/2021...
Khaitan & Co LLP
In this particular case, a third-party funder, Tomorrow Sales Agency Private Limited registered as a non-banking financial company, entered into a customised funding agreement with the claimant, to provide financial funding for an arbitration ...
Mansukhlal Hiralal & Co.
The power under Order VII Rule 11 is available to the court to be exercised suo motu and the plaint may even be rejected without issuing summons.
Dhaval Vussonji & Associates
Order VII Rule XI of the Code of Civil Procedure, 1908 ("Order VII Rule XI") deals with the provision of ‘rejection of plaint'.
Dhaval Vussonji & Associates
It is well settled that the nomenclature given to the document is not a decisive factor but the nature and substance of the transaction has to be determined with reference to the terms of the documents.
IndusLaw
Last month, the Supreme Court of India began hearing a batch of 20 petitions seeking the legal recognition of same-sex marriages.
S&A Law Offices
Order VI Rule 17 of Code of Civil Procedure, 1908 ("the Code") provides that the Court may, at any stage of the proceedings, allow either party to alter or amend its pleadings if the same is necessary to determine the real questions in controversy between the parties.
S&A Law Offices
The UNCITRAL Model Law on International Commercial Arbitration imposes ethical duties on arbitrators, most notably the obligations of impartiality and independence and the related duty of disclosure.
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