Territorial Jurisdiction under Arbitration and Conciliation Act, 1996

 Territorial Jurisdiction under Arbitration and Conciliation Act, 1996

Explanation 1 of S.12 of Arbitration and Conciliation Act, 1996 states that "the grounds stated in the Fifth Schedule shall guide in determining whether circumstances exist which give rise to justifiable doubts as to the independence or impartiality of an arbitrator". When we look at S.28 (1) (a) of A&C Act, 1996 the phrase used is "substantive law for the time being in force in India". The time limit mentioned in S.29A(1) of A&C Act, 1996 is 12 months.

A very important issue of territorial jurisdiction in cases under A&C Act, 1996 was discussed and explained in Sravanthi Infratech Pvt Ltd v Tricolite Electrical Industries Ltd [2016] GCtR 4218 (Delhi). 

Written by 

Vishal

Delhi

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S.138 of NI Act, 1881 : An Important View of Supreme Court

 S.138 of NI Act, 1881 : An Important View of Supreme Court

In context of Negotiable Instruments Act, 1881, an important Judgment was passed on 1 August 2014 by Hon'ble Supreme Court.

It has been commented at page 20, 21 of Dashrath Rupsingh Rathod v State of Maharashtra [2014] GCtR 2731 (SC) thus : - 

"The infusion of the concept of ‘cause of action’ into the criminal dispensation has led to subsequent confusion countenanced in High Courts."

"Courts are enjoined to interpret the law so as to eradicate ambiguity or nebulousness, and to ensure that legal proceedings are not used as a device for harassment, even of an apparent transgressor of the law. Law’s endeavour is to bring the culprit to book and to provide succour for the aggrieved party but not to harass the former through vexatious proceedings. Therefore, precision and exactitude are necessary especially where the location of a litigation is concerned."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as 1 August 2014.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.