Almost every Special Legislation comes accompanied with a bar of jurisdiction, curtailing the powers of the Civil Courts to entertain the dispute which is determinable by the provisions of the Special Legislation. This article will examine the statutory bar of exclusive jurisdiction contained in Special Legislations with emphasis upon the bar envisaged in Section 34… Continue reading Bar of Jurisdiction under Section 34 of SARFAESI Act
Tag: jurisdiction
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
Interpretation of the term “Court” in Section 29A(4) of the Act | Arbitration
Section 29A of the Arbitration and Conciliation Act, 1996 [“The Act”] was inserted in the Act vide Arbitration and Conciliation (Amendment) Act 2015 with the objective to facilitate expeditious disposal of cases with minimum court intervention. The machinery of Section 29A mandates that an Arbitral Award must be made within a period of 12 months… Continue reading Interpretation of the term “Court” in Section 29A(4) of the Act | Arbitration