Monthly Archives: May 2018

Visit of foreign lawyer to India for giving legal advice on foreign law may amount to practice of law: SC

In an important ruling, the Supreme Court of India held that visit of any foreign lawyer to India on ‘fly in and fly out’ basis for giving legal advice regarding foreign law may amount to practice of law if it … Continue reading

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Guilty plea doesn’t bar challenge to constitutionality of statute: USSC

The Supreme Court of United States recently held that a guilty plea, by itself, does not bar a federal criminal defendant from challenging the constitutionality of his statute of conviction on direct appeal. In this case, Defendant pleaded guilty to … Continue reading

Posted in Constitution Law, Criminal Law, crpc, Evidence Law, General Law, International Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Award can be enforced where assets are located: SC

The Supreme Court of India recently clarified that the enforcement of an arbitration award through its execution can be filed anywhere in the country where the assets of the judgment debtor are located. “The enforcement of an award through its … Continue reading

Posted in Arbitration Conciliation Law, Company Law, Consumer Law, Contract Law, General Law, International Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Builders may limit their liability for breach of contract: SC

The Supreme Court of India recently clarified that builders can limit their liability for breach of contract if they can portray that they have performed their obligation in a prudent manner even though it is well established that contractual damages … Continue reading

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Arbitration agreement may bind non-signatory parties: SC

The Supreme Court of India ruled that an arbitration agreement entered into by a company within a group of companies may bind its non-signatory affiliates. “An arbitration agreement which is entered into by a company within a group of companies … Continue reading

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Foreign corporations can’t be sued under ATS: USSC

The United States Supreme Court ruled that foreign corporations cannot be sued in United States by foreign victims of human rights abuses and extremist attacks under the Alien Tort Statute (“ATS”) “As demonstrated by this litigation, foreign corporate defendants create … Continue reading

Posted in Administrative Law, Constitution Law, Criminal Law, General Law, International Law, tort law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment