Tag Archives: jurisdiction

Winding up of companies fall within the exclusive jurisdiction of NCLT: NCLAT

Posted on May 21, 2019 by DSLegal

The National Company Law Appellate Tribunal (NCLAT) reiterated that dispute relating to oppressional mismanagement and cases where winding up of companies may be required fall within the exclusive jurisdiction of National Company Law Tribunal and cannot be referred to arbitration. … Continue reading →

Parties should seek remedies under Arbitration Act: BHC

Posted on April 6, 2019 by DSLegal

The Bombay High Court recently held that when remedies are available to a party seeking an injunction under the Arbitration and Conciliation Act, 1996 (“Act”), an anti-arbitration injunction cannot be obtained to circumvent provisions of the Act. A three judge … Continue reading →

Posted in Arbitration Conciliation Law, International Law, mediation | Tagged 1996, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, Act, adr, advocate, agreement, amendment, appeal, appellate, arbitration, article, authority, bill, bombay, code, complaint, conciliation, court, criminal, delhi, dhingra, dsl, dslegal, dslegal.com, firm, foreign, government, high court, hindustan, india, information, injunction, jurisdiction, law, mediation, mrityunjay, mumbai, party, penalty, procedure, property, remedy, rules, section34, section37, singh, supreme, USA, vijayvergiya | Leave a comment

Suit can be filed in a court pertaining to properties situated in jurisdiction of other courts: SC

Posted on February 20, 2019 by DSLegal

The Supreme Court of India clarified that for a suit filed in a court pertaining to properties situated in jurisdiction of more than two courts, the suit is maintainable only when suit is filed on one cause of action. The … Continue reading →

Posted in Consumer Law, General Law, Real Estate | Tagged 2014, 2015, 2016, 2017, 2018, 2019, Act, action, advocate, agreement, amendment, appeal, article, authority, bill, cause, civil, code, complaint, cpc, criminal, delhi, dhingra, dsl, dslegal, dslegal.com, firm, government, high court, hindustan, india, jurisdiction, law, located, mrityunjay, partition, penalty, portion, procedure, property, rules, section17, singh, suit, supreme, vijayvergiya | Leave a comment

Indian courts have jurisdiction when arbitration ‘seat’ not agreed: SC

Posted on October 4, 2018 by DSLegal

Clarifying the distinction between ‘venue’ and ‘seat’ during arbitration proceedings, the Supreme Court of India reiterated that courts in India have jurisdiction over arbitration proceedings when the arbitration ‘seat’ has not agreed between the parties. Reviewing a plethora of case, … Continue reading →

Posted in Arbitration Conciliation Law, Contract Law, General Law, International Law, mediation | Tagged 1996, 2012, 2013, 2014, 2015, 2016, 2017, 2018, Act, advocate, agreement, amendment, appeal, appellate, arbitration, article, code, conciliation, criminal, delhi, dslegal, dslegal.com, firm, foreign, government, high court, hindustan, india, information, jurisdiction, law, mediation, mrityunjay, parties, procedure, seat, singh, supreme, USA, venue, vijayvergiya | Leave a comment

Kansas wiretap orders “not insufficient”: USSC

Posted on May 25, 2018 by DSLegal

The United States Supreme Court ruled that wiretap orders issued by a Kansas judge for investigation of a drug distribution ring were not lacking any information that the statute required them and hence were not facially insufficient. “Because the Orders … Continue reading →

Posted in Administrative Law, Criminal Law, Drugs Law, Evidence Law, General Law, International Law, Telecommunications Law | Tagged 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2518, Act, advocate, amendment, appeal, appellate, bill, code, complaint, court, crime, criminal, delhi, drug, dsl, dslegal, dslegal.com, evidence, facially, firm, foreign, fruit, government, high court, india, insufficient, interception, jurisdiction, kansas, mrityunjay, offence, omnibus, order, poisonous, safe, singh, street, territorial, tree, USA, vijayvergiya, wiretap | Leave a comment

Issuance of bank guarantee will not confer territorial jurisdiction on court: DHC

Posted on January 7, 2018 by DSLegal

The Delhi High Court recently reiterated that merely issuance of bank guarantee within the territory of a court will not confer territorial jurisdiction on the court when the guarantee itself vests jurisdiction in courts outside India. The Court said, “…….it … Continue reading →

Posted in Arbitration Conciliation Law, Banking Law, Company Law, Contract Law, General Law, International Law, WTO/GATT | Tagged 2014, 2015, 2016, 2017, 2018, Act, advocate, agreement, amendment, appeal, appellate, authority, bank, baroda, bharat, bhel, commercial, complaint, counter, court, criminal, delhi, dhingra, dsl, dslegal, dslegal.com, egi, electrical, government, guarantee, heavy, high court, hindustan, india, information, jurisdiction, law, london, offence, performance, procedure, property, rules, singh, supreme, territorial, turkey, USA | Leave a comment

Permitted user can’t bring suit for the trademark infringement: DHC

Posted on August 10, 2017 by DSLegal

Pronouncing that it lacks any territorial jurisdiction, the Delhi High Court held that the permitted user of a registered trademark cannot bring a suit for the trademark infringement under Section 134(2) of the Trademarks Act, 1999. A Division Bench of … Continue reading →

Posted in General Law, Intellectual Property Law, International Law, patent, patent law, Trade Law, trademark, traditional knowledge, TRIPS | Tagged 134(2), 2014, 2015, 2016, 2017, agreement, amendment, appeal, appellate, article, authority, business, carries, complaint, copyright, court, cpc, criminal, dhingra, dslegal, dslegal.com, exxon, firm, foreign, high court, hindustan, india, information, intellectual, jurisdiction, kolkata, law, mobil, mrityunjay, offence, penalty, permitted, procedure, property, proprietor, registered, rules, section20, section53, singh, supreme, territorail, trademark, user, vijayvergiya | Leave a comment

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Tag Archives: jurisdiction

Winding up of companies fall within the exclusive jurisdiction of NCLT: NCLAT

Parties should seek remedies under Arbitration Act: BHC

Suit can be filed in a court pertaining to properties situated in jurisdiction of other courts: SC

Indian courts have jurisdiction when arbitration ‘seat’ not agreed: SC

Kansas wiretap orders “not insufficient”: USSC

Issuance of bank guarantee will not confer territorial jurisdiction on court: DHC

Permitted user can’t bring suit for the trademark infringement: DHC

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