On 23rd March 2020, the Supreme Court had taken suo motu cognizance of the extraordinary circumstances prevailing on account of the Covid-19 pandemic and the resultant challenges before litigants in filing cases in courts and tribunals across the country. The Court ruled that the “period of limitation in all such proceedings, irrespective of the limitationContinue reading “Covid-19 and the Extension of Period of Limitation: The Partial Undoing of ‘Complete Justice’”
Author Archives: Sharad Bansal
Termination of Contracts During Corporate Insolvency Resolution Process: Part III
In Parts I and II, I had discussed the provisions of Section 14 of the Insolvency and Bankruptcy Code prior to the Insolvency and Bankruptcy Code (Ordinance), 2019, and the changes introduced to Section 14 by the Ordinance on the aspect of termination of contracts during the CIRP period. In this final Part, I lookContinue reading “Termination of Contracts During Corporate Insolvency Resolution Process: Part III”
Termination of Contracts During Corporate Insolvency Resolution Process: Part II
In Part I, I had discussed the regime under the unamended Section 14 governing the issue of termination of contracts. In this Part, I discuss the amendments to Section 14 introduced by the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2019 and retained by the Insolvency and Bankruptcy Code (Amendment) Act, 2020. The Ordinance inter aliaContinue reading “Termination of Contracts During Corporate Insolvency Resolution Process: Part II”
Termination of Contracts During Corporate Insolvency Resolution Process: Part I
The commencement of corporate insolvency resolution process under the Insolvency and Bankruptcy Code (“Code”) results in a moratorium, inter alia, on any coercive action against the assets of the corporate debtor. The moratorium is aimed at ensuring that the corporate debtor continues as a going concern, which in turn enhances the possibility of revival ofContinue reading “Termination of Contracts During Corporate Insolvency Resolution Process: Part I”
Section 106 of Transfer of Property Act and Unregistered Lease Deeds
A recent decision of the Supreme Court in Siri Chand v. Surinder Singh proposes an unusual (and, with respect, flawed) application of Section 106 of the Transfer of Property Act, 1882 (“Act”). Section 106 prescribes the duration of a lease where the lease deed is silent on it. If the lease is not for anContinue reading “Section 106 of Transfer of Property Act and Unregistered Lease Deeds”
Section 34(3) and Non-est Filings: Finding the Middle Ground
[This is a Guest Post by Mansi Sood, who is a Delhi-based lawyer.] In the past year, a series of judgments by the Delhi High Court have chalked out the contours of S.34(3) of the 1996 Act in the context of non-est filings. While their pro-arbitration stance is exemplary, their inconsistency and over-enthusiastic intervention undermine anyContinue reading “Section 34(3) and Non-est Filings: Finding the Middle Ground”
Enforcement of Foreign Awards: Two Steps Forward, One Step Back?
[This is a Guest Post by Kaustav Saha, who is a Delhi-based lawyer.] This post will examine the Supreme Court’s most recent interpretation of the public policy exception to enforcement of foreign awards in National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A. (‘NAFED’).It is submitted that the court’s application of the public policyContinue reading “Enforcement of Foreign Awards: Two Steps Forward, One Step Back?”
Covid-19 and Force Majeure: Part IV
A recognised exception to the doctrine of frustration under Section 56 of the Contract Act is self-induced frustration, i.e. the event which is alleged to have frustrated the contract must not arise from the acts of the promisor. To illustrate, A undertakes to manufacture and supply certain goods to B but fails to do soContinue reading “Covid-19 and Force Majeure: Part IV”
Proper Law of Arbitration Agreement: The Indian Position
In the previous post, I had discussed the three systems of law that govern an international arbitration and the English Court of Appeal’s landmark decision in Enka v. Chubb, which held that there is a “strong presumption” that parties have impliedly chosen the curial law as the AA law. In this post, I examine theContinue reading “Proper Law of Arbitration Agreement: The Indian Position”
Determining the Proper Law of Arbitration Agreement: English Court of Appeal Decides
There are three main systems of laws applicable to an international arbitration: (a) proper law of the contract, i.e. the law governing the substantive rights and obligations of parties under the main contract; (b) proper law of arbitration agreement, i.e. the law governing issues such as the validity, interpretation and existence of the arbitration agreement;Continue reading “Determining the Proper Law of Arbitration Agreement: English Court of Appeal Decides”
A Blog on Indian Private Law 