Forcible Eviction Disputes Not Arbitrable Despite Existence Of Arbitration Clause In Lease Agreement: Kerala High Court

The Kerala High Court has held that disputes relating to eviction of a tenant are not arbitrable even where the lease agreement contains an arbitration clause and that the jurisdiction of the Civil Court cannot be ousted by such non-arbitrable reliefs. Justice P. Krishna Kumar observed while allowing an Original Petition filed by a retired Bharat Sanchar Nigam Ltd (“BSNL”)...

LiveLawBiz: Business Law Daily Round-Up: December 28, 2025

TAX Delhi High Court Grants Bail To Accountant Accused Of Running Fake Firms, Passing Fraudulent ITC On ₹5 Lakh BondITAT Flags Mismatch Between Stock & Sales Of Jewellery Firm During Demonetisation Period, Orders Fresh ExaminationDelhi High Court Allows Use Of Transitional CENVAT Credit For Mandatory Pre-Deposit Before CESTATOnce GST Appeal Is Filed On Portal, No Mandatory Requirement...

Buyer Cannot Seek Separate Arbitral Reference For Counter-Claims Once Arbitration Under MSMED Act Has Commenced: Calcutta High Court

The Calcutta High Court has held that once arbitral proceedings are commenced before the Micro and Small Enterprises Facilitation Council (“Council”) under Section 18(3) of the MSMED Act, 2006, a buyer cannot seek appointment of a separate arbitrator under section 11 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") and therefore all claims including claims for damages...

Arbitrator Cannot Invalidate Admitted Retirement Deed Without Recording Clear Finding Of Fabrication Or Manipulation: Delhi High Court

The Delhi high Court has dismissed an appeal under section 37 of the Arbitration and Conciliation Act ("Arbitration Act") and upheld an order passed by a Single Judge setting aside an arbitral award which had declared retirement deed of a partner as null and void. A Division bench comprising Justice Navin Chawla and Justice Madhu Jain held that once signatures on the retirement deed...

Delhi High Court Refuses To Replace Arbitrator Despite 16-Month Delay, Says Substitution At Final Stage Defeats Expeditious Arbitration

The Delhi High Court rejected an application seeking the substitution a retired Supreme Court Judge as the sole arbitrator, despite a delay of more than 16 months in announcing the arbitral award. The Court found it better suited to grant a short extension to facilitate the finality of the proceedings rather than unsettling them through fresh adjudication. The Bench comprising of...

LiveLawBiz: Business Law Daily Round-Up: December 27, 2025

TaxWorks Contract Service Provided To CESC For Transmission Or Distribution Of Electricity Not Liable To Service Tax: CESTAT KolkataRemuneration Paid To Whole-Time Directors Treated As 'Salary'; Service Tax Not Leviable: CESTAT Chennai Limitation Not “Extinguishing Engine' For Substantive Rights: Calcutta High Court Condones 2262 Day Delay In Filing Appeal GST | Mismatch In E-Way...

Arbitral Tribunal Of Retired Railway Officers Invalid Without Express Waiver U/S 12(5) A&C Act: MP High Court

The Madhya Pradesh High Court bench of Justice Vivek Jain has terminated the mandate of an arbitral tribunal constituted by Railways holding that unilateral appointment of railway officers as arbitrators despite a clear refusal by the contractor to waive the appointment under section 12(5) of the Arbitration Act rendered the tribunal de jure ineligible. The petitioner,...

Arbitrator Cannot Disregard Interest Clause In Invoices While Enforcing Arbitration Clause Contained In Them: Delhi High Court

The Delhi High Court has held that once invoices are accepted as binding contractual documents, an arbitral tribunal cannot selectively enforce some clauses while ignoring other clauses contained in the same invoices. Allowing the appeal under section 37 of the Arbitration and Conciliation Act (Arbitration Act), Justice Chandrasekharan Sudha set aside an arbitral award on the ground...

Punjab & Haryana High Court Appoints Arbitrator In Shareholder Dispute Over Chairmanship Rotation In KPH Dream Cricket

The Punjab and Haryana High Court, on 23rd December 2025, appointed Justice Harinder Singh Sidhu as the sole arbitrator to resolve a dispute over the "rotational chairmanship" of KPH Dream Cricket Private Limited, the company that owns and administers the IPL franchise - Punjab Kings. Additionally, the Court noted that when appointing an arbitrator under Section 11 of the Arbitration...

Arbitrator Can't Rewrite Contract By Linking Repayment To Commercial Success Contrary To TDA Terms: Delhi High Court

The Delhi High Court has set aside an arbitral award, holding that the arbitrator travelled beyond the contractual terms by making repayment of financial assistance contingent upon commercial success of the project contrary to the express stipulations of the Technology Development Assistance Agreement (TDA). Justice Jasmeet Singh held that “No doubt the Arbitrator has the power...

Arbitration Petition Seeking Stay Of Eviction Over Immovable Property Is “Suit For Land”; Outside Jurisdiction Of Original Side: Calcutta HC

The Calcutta High Court has held that a petition filed under Section 9 of the Arbitration Act, seeking a stay on eviction notice in respect of immovable property would amount to a suit for land and is not maintainable if the property is situated outside the territorial jurisdiction of the court's original side. The court said proceedings which directly impact possession of land cannot...

LiveLawBiz: Business Law Daily Round-Up: December 26, 2025

Tax GST Registration Can Be Restored If Returns And Dues Are Cleared: Gauhati High CourtRevenue Cannot Reclassify Input Services Or Deny CENVAT Credit While Sanctioning Refund: CESTAT ChandigarhCentre Imposes Anti-Dumping Duty On 2-Ethyl Hexanol Imports From EU, US, Korea, Others Till June 2026Service Tax | Sale Of Popcorn & Beverages At Cinema Counters Is Not Service, No Service Tax...