Live Breaking News & Updates on Natraj Studiosp Ltd
Stay updated with breaking news from Natraj studiosp ltd. Get real-time updates on events, politics, business, and more. Visit us for reliable news and exclusive interviews.
To print this article, all you need is to be registered or login on Mondaq.com. The decade-old uncertainty on the issue of arbitrability of tenancy disputes stands settled with the pronouncement of the judgment by the Hon ble Supreme Court in, Vidya Drolia and Others v. Durga Trading Corporation 1 ( Himangni Enterprises v. Kamaljeet Singh Ahluwalia 2 ( Himangni Enterprises ), provides much-needed clarity on the nature of tenancy disputes that can be referred to arbitration. The Dovetail Test laid down by the Court can be relied upon in determining the non-arbitrability of disputes in general. The Judgment also attempts to clear the conundrum surrounding the ....
2 (“ Vidya Drolia II”), the Supreme Court has settled the dust on whether landlord-tenancy disputes under the Transfer of Property Act, 1882 (“ TP Act”) are arbitrable under the Arbitration & Conciliation Act, 1996 (“ Arbitration Act”). Overruling many of its own as well as other High Courts’ judgments, the Court in Vidya Drolia II has set out the broad principles on which arbitrability of disputes may be decided. Applying the principles, the Court held that landlord-tenant disputes under TP Act, and not any special statute (such as state-specific rent legislations, etc.), would be arbitrable. Additionally, the Vidya Drolia II judgment also demarcates the scope of inquiry by courts in determining questions of arbitrability at the pre-arbitration / reference stage under Section 8 ....
( Booz Allen ), wherein it was held that in eviction or tenancy matters which are governed by special statues and where tenant enjoys statutory protection as a class is a matter of public interest and only the specified court has been conferred exclusive jurisdiction to adjudicate the same. Later, in 2017, the issue regarding arbitrability of lease dispute was once again re-visited by the Supreme Court in the case of Himangi Enterprises and after relying on the said ratios of Booze Allen and Natraj Studios the court rejected the application filed by the tenant (defendant) under section 8 of the Arbitration and Conciliation Act, 1996 ....
Why Register with Mondaq Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms Articles tailored to your interests and optional alerts about important changes Receive priority invitations to relevant webinars and events You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. Your Organisation We need this to enable us to match you with other users from the same organisation, it is also part of the information that we share to our content providers ( Contributors ) who contribute Content for free for your use. ....
Dr Bina Modi vs Lalit Kumar Modi & Ors on 24 December, 2020 indiankanoon.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from indiankanoon.org Daily Mail and Mail on Sunday newspapers.