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In the administration of the corporate affairs, the prevention of oppression and mismanagement is a very important matter. In many petitions relating to Section 397/398 under Companies Act, 1956 the Opposite Party raise the plea of arbitration agreem ..
In disciplinary proceedings, the complete procedural aspects are dealt in the respective Control and Appeal Rules. The rules prescribed constitute a complete code. The principles of natural justice forms the basic building block of such rules. The Ce ..
Jurisdiction of civil court is a fundamental aspect of the justice delivery system. One civil court is empowered to entertain any suit of a civil nature unless its jurisdiction is either expressly or impliedly barred (Section 9 of the Civil Procedure ..
The write up is based on an old Supreme Court Case in the name of Commissioner of Income Tax, Patiala Vs RB Jodha Mal Kuthiala AIR 1966 SC 1433. The statute concerned is Income Tax Act, 1922 as amended by Income Tax (Amendment) Act, 1939 (1939 Act).F ..
Section 151 of the Civil Procedure Code, 1908 (CPC) preserves the inherent power of civil courts in the matter of a civil suit. Often armed with this power the civil courts issue orders in the aid of justice. In case of conflict with some express pro ..
In the continuation of a suit or legal proceedings, if the legal provision gets amended, the hotly debated issue remains as to which is the applicable law in respect of the proceedings.Recently, Hon�ble High Court at Calcutta in Smt Ashita Pras ..
Arbitrability of a dispute is a concept which encompasses a lot of matters. Because arbitration is a process of adjudication of a dispute by means of privately constituted tribunal instead of civil courts, the eligibility of such a dispute to be arbi ..
In the constitutional setup, the High Court as well as the Supreme Court of India is the guardian of the Constitution. These two courts have the power to scrutinize the vires of any legislation. This judicial scrutiny of legislation done by way of Wr ..
Today is the day of joint ventures and corporate marriages. Different corporate bodies enter into agreement to form a special purpose vehicle for undertaking different projects. In such situation, one of the basic requirements is a Shareholding Agree ..
Arbitration agreement is the starting point of initiating any arbitration. It is an agreement to submit to arbitration a present or a future dispute. In one case of UK Jurisdiction from the Technology and Construction Court (TCC) in the name of Turvi ..
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