Daksh Pandit – The Blog of Daksh Pandit

Scope of Inherent Powers of NCLT/NCLAT vis-à-vis Section 12A of IBC

The Insolvency and Bankruptcy Code, 2016 [“IBC”] was enacted to bring the insolvency law in India under a single unified umbrella with the object of speeding up of the insolvency process in a time bound manner. Prior to the introduction of IBC, various other Acts, viz. Sick Industrial Companies (Special Provisions) Act, 1985; the Recovery… Continue reading Scope of Inherent Powers of NCLT/NCLAT vis-à-vis Section 12A of IBC

Anti-Suit Injunctions

An injunction is an order of court which may be in the nature of a preventive or a mandatory relief, directing the Defendant to either restrain from performing a certain act or compel the Defendant to perform a certain act so as to prevent an irreparable injury from being caused to the Plaintiff. In India,… Continue reading Anti-Suit Injunctions

Can Time Barred Debts be Revived?

In India, the Limitation period for recovery of money is three years as per the Limitation Act 1963 [“the Act”]. The date from which such period of limitation begins to operate differs from case-to-case basis. For example, Article 19 of the Act stipulates that the limitation period for money lent begins to operate from the… Continue reading Can Time Barred Debts be Revived?

Doctrine of Lis Pendens vis-à-vis Specific Performance

Section 52 of the Transfer of Property Act, 1882 [“the Act”] embodies the doctrine of Lis Pendens which states that during the pendency in any court of any suit in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to… Continue reading Doctrine of Lis Pendens vis-à-vis Specific Performance

Admissibility of Unregistered Sale Deed in a Suit for Specific Performance

It is a settled position of law that an agreement to sell, of itself, does not transfer ownership rights or confer title upon someone with respect to an immovable property. Section 54 of the Transfer of Property Act, 1882 very categorically stipulates that a contract for sale, does not, of itself, create any interest in… Continue reading Admissibility of Unregistered Sale Deed in a Suit for Specific Performance

Distinction between Section 11(5) & 11(6) of Arbitration Act

Section 11 of the Arbitration Act [“the Act”] confers power upon the High Court or the Supreme Court, as the case may be, to appoint arbitrator(s) on an application moved by the parties. Section 11(12)(a) & (b) clarifies that in cases pertaining to international arbitration, the arbitrator shall be appointed by the Supreme Court and… Continue reading Distinction between Section 11(5) & 11(6) of Arbitration Act

History and its Absurdity

History, its absurdity and man’s inability to learn from it results in its repetition. A person’s account of an event that occurred centuries ago cannot be used as a guiding factor to arrive at an opinion. Everyone’s intellectual depth to perceive an event varies. What may be good for someone may be an absolute nightmare… Continue reading History and its Absurdity

Validity of Automatic Vacation of Interim Stay Orders and Effect of an Interim Stay

An interim order of stay, staying the proceedings before the lower court between the parties, is passed by applying the following three tests, the onus of which is on the Petitioner to satisfy as to their its existence in his case viz. A Prima Facie case, which necessitates that as per the material placed on record, the… Continue reading Validity of Automatic Vacation of Interim Stay Orders and Effect of an Interim Stay

Compensation vis-à-vis Section 74 of Contract Act

Section 73 of the Indian Contract Act, 1872 [“the Act”] envisages the general principle of law that a party which has suffered losses in consequence of a breach of contract is entitled to receive compensation for losses incurred by it from the party which has committed the breach. Section 74, on the other hand is… Continue reading Compensation vis-à-vis Section 74 of Contract Act

Arbitrability of Excepted Matters | Arbitration

“Party Autonomy” under the Arbitration and Conciliation Act [“the Act”] is the brooding and guiding spirit in arbitration proceedings. The Act confers upon the parties the power to take decisions upon various key aspects of the reference to arbitration viz. the place of arbitration, the venue, applicable law, the dispute and the procedure. All of… Continue reading Arbitrability of Excepted Matters | Arbitration

Can Arbitral Awards be modified?

Section 34 of the Arbitration and Conciliation Act, 1996 [“the Act”] provides remedy to a party aggrieved by the Award passed by the Arbitrator, to seek a recourse to court for setting aside the Arbitral Award. However, the Award passed by the Arbitrator, under the scheme of the Act is sacrosanct and the courts, as… Continue reading Can Arbitral Awards be modified?

Enforceability of No Damage Clauses in the Contract

Section 73 of the Indian Contract Act, 1872 [“the Contract Act”] embodies the settled principle of law that a party is entitled to receive compensation from the party that has breached the contract on the account of which the innocent party has suffered losses. This position of law is a driving force for the parties… Continue reading Enforceability of No Damage Clauses in the Contract

Prohibitory and Mandatory Injunctions

An injunction is an order by a court against the Defendant restraining him from doing or directing him to do an Act so as to prevent an irreparable injury from being caused to the Plaintiff. Injunctions can be in the form of a prohibitory injunction i.e. a preventive relief granted to the Plaintiff, restraining the… Continue reading Prohibitory and Mandatory Injunctions

Scope of Section 34 | Arbitration

The Arbitration and Conciliation Act, 1996 [“the Act”] was enacted to provide speedy resolution of disputes to the parties with the objective of minimum judicial intervention, also enshrined in Section 5 of the Act, so as to make arbitration a more alluring alternative dispute resolution mechanism. Keeping the aforesaid objective in sight, various amendments have… Continue reading Scope of Section 34 | Arbitration

Greatness of Michelangelo

In the room the women come and go, talking of Michelangelo. -T.S. Eliot He woke up early in the morning as usual before the sun had risen and hurried towards the sculpture he had been working upon. Michelangelo firmly believed that the true glory of a sculpture… Continue reading Greatness of Michelangelo

‘Cruelty’ as a ground for Divorce

Section 13 of the Hindu Marriage Act, 1955 [“the Act”] postulates various grounds upon which the husband or wife can file a petition before the court seeking dissolution of marriage. The scope of this article is confined to one of the grounds viz. ‘cruelty’ envisaged in Section 13(ia) of the Act which entitles the parties… Continue reading ‘Cruelty’ as a ground for Divorce

Extension of the Mandate of Arbitrator under Section 29A | Divergent views of High Courts

Section 29A of the Arbitration and Conciliation Act, 1996 [“The Act”] was inserted in the Act vide Arbitration and Conciliation (Amendment) Act 2015 [“the 2015 Amendment”] with the objective to facilitate speedy disposal of cases with least court intervention. Section 29A (1) of the Act mandates that the Award in arbitrations other than international commercial… Continue reading Extension of the Mandate of Arbitrator under Section 29A | Divergent views of High Courts

Parameters of power exercised by the High Court under Articles 226 and 227 of the Constitution

The Constitution of India [“the Constitution”] endows the High Courts with powers to issue Writs under Article 226 of the Constitution for enforcement of fundamental rights conferred by Part-III of the Constitution. The types of Writs that the High Court can issue are given below in brief- Habeas Corpus (You may have the body) –… Continue reading Parameters of power exercised by the High Court under Articles 226 and 227 of the Constitution

Specific Performance vis à vis Readiness and Willingness

The Specific Relief Act, 1963 [“the Act”] inter alia provides redressal of grievances of a contractual party whose right has been violated due to breach of contract committed by the other party to the contract. The objective of the Act is to restore the affected party to the position he or she would have been… Continue reading Specific Performance vis à vis Readiness and Willingness

Repudiation under the Indian Contract Act

Repudiation under the Indian Contract Act, 1872 [“the Act”] is governed by Section 39 of the Act, reproduced hereinbelow: “39. Effect of refusal of party to perform promise wholly. — a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end… Continue reading Repudiation under the Indian Contract Act

Extent of immunity from prosecution enjoyed by the MPs and MLAs

A seven-judge constitution bench of the Supreme Court on 04.03.2024, unanimously ruled that a Member of Parliament [“MP”] and Member of Legislative Assembly [“MLA”] cannot claim immunity under Articles 105 and 194 of the Constitution of India [“the constitution”], from prosecution, on a charge of bribery in connection with a vote or speech made in… Continue reading Extent of immunity from prosecution enjoyed by the MPs and MLAs

Can court determine lease deed dehors the unregistered document of lease?

Lease is one of the means of creating rights in an immoveable property and is governed by the Transfer of Property Act, 1882 [“the Act”]. Section 105 of the Act defines “Lease” as follows- “105. Lease defined– A lease of immoveable property is a transfer of a right to enjoy such property, made for a… Continue reading Can court determine lease deed dehors the unregistered document of lease?

Validity of Employment Bonds in India

In contracts of employment, often certain clauses are inserted in the agreement which are in the form of negative covenants that bind the employee to the company for a particular period of years and debars the employee for such period from seeking employment in another firm which is carrying on a similar trade practice to… Continue reading Validity of Employment Bonds in India

Validity of an unregistered Agreement to Sell for an Immovable Property

The Transfer of Property Act 1882 [“the Act”] governs the transfer of property, whether moveable or immoveable and inter alia provides rights and liabilities of the parties, privy to such transfer. In order to give effect to transfer of an immovable property, it is essential that the Agreement to Sell by which the immoveable property… Continue reading Validity of an unregistered Agreement to Sell for an Immovable Property

Essence of Time in cases of Immovable Property

In matters relating to immovable property, there is a general presumption that time is not the essence of contract i.e. there is no time limit per se within which the contract relating to an immovable property is to be performed. The aforesaid position of developed in the first half of the twentieth century when prices… Continue reading Essence of Time in cases of Immovable Property