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Articles by Mrinal Shankar
India
Under section 17 of the Indian Contract Act, 1872 (Contract Act), fraud includes acts committed by a party to a contract (or with their connivance, or by their agent), with the intent to deceive another party or induce that party to enter into the contract. Under section 19 of the Contract Act, where consent to an agreement is caused by fraud, the contract is voidable at the defrauded party’s option.
Interim Measure - Harmonising Reliefs Under Section 9 And Section 17 Of The Arbitration And Conciliation Act, 1996
Co-authored with Gautham R, and Vinudeep R I. Introduction Various interim measures of protection are embedded in Section 9 and Section 17 of the Arbitration and Conciliation Act, 1996 ("Act") for addressing urgent matters when time is of the essence. These interim measures of protection are essential to not only protect and preserve the subject matter of arbitration but also ensure that the arbitral award is not frustrated by a party seeking to dissipate its assets.
In Defense Of Dissent: Analyzing The Supreme Court's Stance On Arbitral Award Modification In Gayatri Balasamy
INTRODUCTION In the landmark decision of Gayatri Balasamy v. ISG Novasoft Technologies Ltd1., the Supreme Court by a majority (4:1), led by then Chief Justice Sanjeev Khanna, held that the statutory power to "set aside" an award inherently includes a limited power to "modify" it. The reference became necessary in light of the Supreme Court's decision in NHAI v. M. Hakeem2, which had barred courts from modifying arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996 ("Act").
Supreme Court Clarifies The 'Court' Conundrum U/S.29A Of The Arbitration & Conciliation Act, 1996
In its recent decision in Chief Engineer (NH) PWD v. M/s BSC & C and C JV1, the Supreme Court has held that the power under sub-section (4) of S.29A of the Arbitration & Conciliation Act, 1996 ("Act") for the extension of mandate of an Arbitral Tribunal vests solely in the Court as defined u/S.2(1)(e) of the Act, i.e., the principal civil court of original jurisdiction in a district.
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