Listen to this post
Deciphering Court Fee Refunds: A Comparative Analysis of Settlement via ADR v. Private Settlement

Introduction

In the Indian jurisprudence, the levy of court fee is inter alia sanctioned by the Court Fees Act, 1870 (“Court Fee Act”) for the purpose of instituting a suit or claim by a party to the matter or litigation. The payment of court fee is a condition precedent for seeking the aid of the court. The amount to be paid as court fee is prescribed by law and until the pre-determined amount is paid, the litigant cannot be heard, save with the leave of the court. However, if the parties to a suit come to a mutual understanding to resolve the dispute amicably, the law also prescribes for a procedure for providing a refund of the previously paid court fee by the litigant. The only remaining question that begs determination is when and how much of the court fee will be refunded to the litigant.

Continue Reading Deciphering Court Fee Refunds: A Comparative Analysis of Settlement via ADR v. Private Settlement
Listen to this post
Demystifying Deadline Dilemmas: Analysing the limitation period of Section 11(6) Petitions in Arbitral proceedings in India

INTRODUCTION

Superior courts in India have ratified the stringent deadlines for the various stages in arbitration proceedings, aiming to position India as an arbitration hub. However, it is crucial to establish safeguards to prevent delays in the adjudication process from discouraging the parties’ decision to engage in arbitration. The absence of a prescribed limitation period in certain key provisions of the Arbitration and Conciliation Act, 1996 (“A&C Act”), could be a contributing factor to some of these delays.

Continue Reading Demystifying Deadline Dilemmas: Analysing the limitation period of Section 11(6) Petitions in Arbitral proceedings in India
Listen to this post
Arrests under PMLA: Arrest first, reasons to follow?

INTRODUCTION

Vide order dated March 20, 2024, the Hon’ble Supreme Court of India rejected a petition[1] preferred by the Union of India, seeking a review of the judgement passed in Pankaj Bansal v Union of India[2](“Pankaj Bansal”), wherein it was held that it was mandatory for the Directorate of Enforcement (“ED”) to provide written ‘reasons for arrest’ to a person arrested under the provisions of the Prevention of Money Laundering Act, 2002 (“PMLA”).

Continue Reading Arrests under PMLA: Arrest first, reasons to follow?
Listen to this post
Writ Jurisdiction over Arbitral Proceedings an ‘Exceptional Rarity’: Delhi High Court Reiterates

The Indian Constitution bestows upon the High Courts “extraordinary writ jurisdiction”. While Article 226 empowers Courts to protect and enforce fundamental as well legal rights, Article 227 confers on them the power of superintendence over all courts and tribunals within their jurisdiction.

Continue Reading Writ Jurisdiction over Arbitral Proceedings an ‘Exceptional Rarity’: Delhi High Court Reiterates
Listen to this post
Courting Controversies: Dispute Resolution finds a sweet spot in Indian Media Industry

India’s media and entertainment industry has always been close-knit. It has thrived on inter-personal relationships and handshake deals rather than extensive legal contracts, which worked well for decades. The far and few litigations over the years was telling of this fact.

Continue Reading Courting Controversies: Dispute Resolution finds a sweet spot in Indian Media Industry
Listen to this post
Final Word on Enforceability of Unstamped Arbitration Agreements

“It [law of arbitration] is to be expeditious where the law is slow, cheap where the law is costly, simple where the law is technical, a peacemaker instead of a stirrer-up of strife.”[1]

Are arbitration clauses in unstamped or inadequately stamped agreements enforceable? This is a question that has been under legal scrutiny and has seen conflicting views from various constitutional benches of the Supreme Court for over half a decade.

Continue Reading Final Word on Enforceability of Unstamped Arbitration Agreements
Listen to this post
Bombay High Court upholds NCLT’s decision to release ED attached properties after nod to IBC Resolution Plan

The High Court of Bombay (“Court”) in a recent judgment[1] has upheld the NCLT’s powers to direct the Directorate of Enforcement (“ED”) to release attached properties of a corporate debtor, once a resolution plan in respect of the corporate debtor had been approved. The Court’s decision was based on an interpretation of Section 32A of the Insolvency and Bankruptcy Code, 2016 (“IBC”).

Continue Reading Bombay High Court upholds NCLT’s decision to release ED attached properties after nod to IBC Resolution Plan
Listen to this post
Supreme Court overrules ‘Asian Resurfacing’ judgment: No automatic vacation of stay orders passed by High Courts

Introduction:

A five-judge Constitution Bench of the Hon’ble Supreme Court, vide its recent judgment in High Court Bar Association Allahabad v. State Of Uttar Pradesh & Ors.,[1]adjudicated inter alia upon whether the court, in exercise of its jurisdiction under Article 142 of the Constitution of India, can order the automatic vacation of all interim/ stay orders of the High Court in civil and criminal cases on the expiry of a certain period.

Continue Reading Supreme Court overrules ‘Asian Resurfacing’ judgment: No automatic vacation of stay orders passed by High Courts
Listen to this post
Decoding Section 17A of the PC Act: A Substantive Safeguard or a Tool for Procedural Hindrance?

Introduction

On January 16, 2024, the Division Bench of the Supreme Court delivered a split verdict in the case of Nara Chandrababu Naidu vs. State of Andhra Pradesh and Anr.,[1] (“Chandrababu Naidu Case”) wherein the pertinent question of law was relating to the interpretation of the scope of Section 17A of the Prevention of Corruption Act, 1988 (“PC Act”). The provision provides for a requirement of taking a prior approval of an appropriate authority before initiating any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under the PC Act. Since the alleged offences in the instant case were committed prior to July 26, 2018 – the date on which Section 17A was incorporated vide the Prevention of Corruption (Amendment) Act, 26 of 2018, the issues identified by the Supreme Court relate to the interpretation and ambit of the following legal questions:

Continue Reading Decoding Section 17A of the PC Act: A Substantive Safeguard or a Tool for Procedural Hindrance?
Listen to this post
Interplay between Foreign Extortion Prevention Act (“FEPA”) & Prevention of Corruption Act, 1988 (“PC Act”)

US President Joe Biden signed the Foreign Extortion Prevention Act in December 2023 (“FEPA”), a federal criminal offense creating criminal liability on foreign officials who demand or accept bribes thus acting as a concomitant legislation to the Foreign Corrupt Practices Act of 1977 (“FCPA”)[1]. While FCPA only criminalized/ prohibited US companies from offering or bribing foreign officials, the introduction of FEPA provides a level playing field for US companies and reverses criminal liability on foreign officials, mirroring FCPA.

Continue Reading Interplay between Foreign Extortion Prevention Act (“FEPA”) & Prevention of Corruption Act, 1988 (“PC Act”)