Tag Archives: contract

Employers can bar class actions in employment contracts: USSC

In an important ruling with far reaching consequences, the United States Supreme Court ruled that employers can use individualized arbitration clauses that bar class actions in employment contracts to resolve employment disputes between the parties. “Congress has instructed in the … Continue reading

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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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Anti-arbitration injunctions cant be granted under Part II Arbitration Act: DHC

The Delhi High Court recently ruled that an anti-arbitration injunction cannot be given by courts in cases covered under Part II of the Arbitration and Conciliation Act unless it is incapable of being performed or inoperative. Part II of the … Continue reading

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Association or body corporate can maintain writ petition: KolHC

The Calcutta High Court recently held that an association or body corporate has a clear right to maintain a writ petition on behalf of its members or shareholders if the cause of action effects them both. The Court clarified that … Continue reading

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Interest not payable if agreed by parties: SC

The Supreme Court of India ruled that a party is not liable to pay interest to the other party if they have decided against paying interest on the amounts payable in the contract. “When parties to the contract had agreed … Continue reading

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Mere co-operation doesn’t result in an AOP: DHC

In an important ruling that seems to provide clarity on taxation of turnkey contract consortiums, the Delhi High Court ruled that ‘mere corporation’ between consortium members should not result in an Association of Persons (“AOP”) tax risk in India. The … Continue reading

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Court mentioned in the agreement shall have jurisdiction: SC

A Large Bench of the Supreme Court of India recently ruled that where two Courts have territorial jurisdiction to try the dispute between the parties and the parties have agreed that dispute should be tried by only one of them, … Continue reading

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SEBI given Powers to Regulate any Pooling of Funds Under An Investment Contract Involving A Corpus Of Rs.100 Crore Or More

An Ordinance to Amend the Securities Laws Promulgated; SEBI would have now Powers to Regulate any Pooling of Funds Under An Investment Contract Involving A Corpus Of Rs.100 Crore Or More Owing to new and innovative methods of raising funds … Continue reading

Posted in Banking Law, Company Law, Criminal Law, General Law, Income Tax Law, Notifications/Publications/Circulars | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

CCI has jurisdiction over Railway Department: Delhi HC

Holding that carrying out the activity of running the railways by India’s Railway Department is not an inalienable function of the State, Delhi High Court ruled that the Railway Department is an “enterprize” under Section 2(h) of the Competition Act, … Continue reading

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