Is COVID-19 a Force Majeure?

What is Force Majeure? According to Black’s Law Dictionary, Force Majeure clause is common clause in contract to protect the parties in the event that a part of the contract cannot be performed due to causes which are outside the control of the parties and could not be avoided by exercise of diligence and due…

Whether it is permissible for the High Court to appoint third party or an independent Arbitrator when the parties have mutually agreed for the procedure to appoint the designated arbitrator?

High Court cannot appoint an independent arbitrator without resorting to the procedure for appointment of an arbitrator which has been prescribed / inbuilt under the contract or agreement under as agreed by the parties. The Hon’ble Supreme Court in the matter of Union of India vs. Parmar Construction Company, Civil Appeal No(s). 3303 – 3319…

Concept of Preferential Transaction

For a preference to become an offending one for the purpose of Section 43 of the Code, another essential and rather prime requirement is to be satisfied that such event, of giving preference, ought to have happened within and during the specified time, referred to as “relevant time”. The Hon’ble Supreme Court in the matter…

Attachment of Property under PMLA acquired prior to Criminal Activity

Property acquired prior to commission of scheduled offence i.e. criminal activity or introduction of PMLA cannot be attached unless property obtained or acquired from scheduled offence is held or taken outside the country. The Appellants in the matter of Seema Garg vs. The Deputy Director, Directorate of Enforcement, PMLA No. 1 of 2019 (O&M), raised…

Rights vs. Remedy

Party cannot sleep over its rights and participate in further proceedings and then approach the Court or the authority to rectify the error. The Hon’ble Bombay High Court in the matter of Antikeros Shipping Corporation vs. Adani Enterprises Limited, Civil Jurisdiction Appeal No. 533 of 2019 observed that where a Court takes wrong/erroneous seisin of…

Applicability of RTI for obtaining judgement copy from Courts

If any information can be accessed through the mechanism provided under another statute, then the provisions of the RTI Act cannot be resorted to as there is absence of the very basis for invoking the provisions of RTI Act. The Supreme Court in the matter of Chief Information Commissioner vs. High Court of Gujarat and…