Appropriate test to determine jurisdiction in a case of trans-border arbitration given the interaction between three distinct legal systems which come into play when a dispute occurs: (i) lex-contractus, the law governing the substantive contractual issues; (ii) lex arbitri, the law governing the arbitration agreement and the performance of the agreement; and (iii) lex-fori, the law governing the procedural aspects of arbitration.
Protection under Section 53A of the Transfer of Property Act, 1882 is not available to a party possessing a property under part performance of a contract despite being aware of pending litigation.
The PMLA was enacted to combat the menace of money laundering and to curb the use of proceeds of crime in the formal economy. Given the evolving complexity of financial crimes, courts must adopt a strict approach in matters concerning economic offences to ensure that perpetrators do not exploit procedural loopholes to evade justice
The object of Explanation 1 to Article 25 of Schedule I of the Bombay Stamp Act is clear that if an agreement is entered into and that agreement itself contemplates the delivery of possession of the property within the stipulated time, then, such an agreement should be deemed to be a conveyance for the purpose of duty leviable under the Bombay Stamp Act
If the accused is not informed of the grounds for his arrest, there is violation of the accused's right under Article 22(1) of the Constitution of India and the arrest is invalid. The fact that his relatives are informed is not sufficient complaince
Refund of Stamp Duty under the Maharashtra Stamp Act, 1958: Whether the amended six-month limitation, introduced by the 24.04.2015 amendment to Section 48(1) of the Act governs the Appellants’ claim for stamp duty refund, particularly when the Cancellation Deed was executed prior to the amendment but registered thereafter.
Section 17(3) of the SARFAESI Act, 2002: The Debt Recovery Tribunal (DRT) has no jurisdiction to hand over or restore possession of a secured asset to a person who is neither the borrower nor the possessor of the asset.
A mere breach of promise, agreement or contract does not,ipsofacto, constitute an offence of criminal breach of trust without there being a clear case of entrustment - Clearly, the allegation / charge under Section 406 of the IPC has no basis. Once it is established that there is no cheating involved under the IPC then there is no proceeds of crime involved under Section 2(1)(u) of PMLA and therefore there is no Money Laundering involved under Section 3 of PMLA
The High Court acquires jurisdiction to deal with the second appeal on merits only when it frames a substantial question of law as required to be framed under Section 100 CPC; and it cannot grant an interim order, without framing substantial question of law