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Documents citing Antitrust - Section 27 Disclaimer: The ... vs Honda Siel Cars India Ltd. & Ors. ... on 1 October, 2014

Report No. 260 On "Analysis Of The 2015 Draft Model Indian Bilateral Investment ...

3.4.4 The 2015 Model does not contain an MFN provision. The Indian government has not provided any detailed explanation for its absence. It appears that the purpose behind not having an MFN provision is to ensure that foreign investors are not able to borrow beneficial provisions from other Indian BITs (Treaty Shopping). India's major concern with the MFN is the use of this provision by foreign investors to borrow beneficial substantive and procedural provisions from third-country BITs. The absence of an MFN provision will surely prevent the foreign investor from indulging in such borrowing. However, foreign investors will be exposed to the risk of discriminatory treatment by the Host State in application of domestic measures. Thus, absence of an MFN provision does not balance investment protection with regulation. In order to achieve this balance, India could consider having an MFN provision whose scope is restricted to the application of domestic measures. This will ensure non-discriminatory treatment to foreign investor, and, at the same time, will not allow a foreign investor to indulge in 'treaty shopping'.57 56 White Industries vs India, available at: http://www.italaw.com/sites/default/files/case- documents/ita0906.pdf, p 11.2.4.
Law Commission Report Cites 68 - Cited by 0 - Full Document

Tractor And Farm Equipment Ltd vs The Commissioner Of Central Excise on 28 November, 2014

14. In the instant case, assuming for the moment that the credit is available, it can be used for payment of duty on any other excisable articles and not exempted goods. In such view of the matter, we are not agreeable with the view taken by the Allahabad High Court that it will amount to unjust enrichment. We also notice that the decision in Super Cassettes Industries Ltd case, referred supra, which has been relied upon by the Division Bench in Brook Bond Lipton India Ltd. Case, referred supra, did not find favour with the Supreme Court in Dai Ichi Karkaria Ltd. Case, referred supra. In such view of the matter, it has to be held that the view taken by the Allahabad High Court has not been accepted by the Supreme Court.
Madras High Court Cites 12 - Cited by 2 - Full Document

Amazon.Com Nv Investment Holdings Llc vs Future Retail Limited on 6 August, 2021

130) “5. Party autonomy being the brooding and guiding spirit in arbitration, the parties are free to agree on application of three different laws governing their entire contract— (1) proper law of contract, (2) proper law of arbitration agreement, and (3) proper law of the conduct of arbitration, which is popularly and in legal parlance known as “curial law”. The interplay and application of these different laws to an arbitration has been succinctly explained by this Court in Sumitomo [Sumitomo Heavy Industries Ltd. v. ONGC Ltd., (1998) 1 SCC 305] which is one of the earliest decisions in that direction and which has been consistently followed in all the subsequent decisions including the recent Reliance Industries Ltd. v. Union of India [Reliance Industries Ltd. v. Union of India, (2014) 7 SCC 603 : (2014) 3 SCC (Civ) 737].” (emphasis in original) 30 Later in para 10 of the Report, it was held: (SCC pp. 131-32) “10. In the matter of interpretation, the court has to make different approaches depending upon the instrument falling for interpretation. Legislative drafting is made by experts and is subjected to scrutiny at different stages before it takes final shape of an Act, Rule or Regulation. There is another category of drafting by lawmen or document writers who are professionally qualified and experienced in the field like drafting deeds, treaties, settlements in court, etc. And then there is the third category of documents made by laymen who have no knowledge of law or expertise in the field. The legal quality or perfection of the document is comparatively low in the third category, high in second and higher in first. No doubt, in the process of interpretation in the first category, the courts do make an attempt to gather the purpose of the legislation, its context and text. In the second category also, the text as well as the purpose is certainly important, and in the third category of documents like wills, it is simply intention alone of the executor that is relevant. In the case before us, being a contract executed between the two parties, the court cannot adopt an approach for interpreting a statute. The terms of the contract will have to be understood in the way the parties wanted and intended them to be. In that context, particularly in agreements of arbitration, where party autonomy is the grund norm, how the parties worked out the agreement, is one of the indicators to decipher the intention, apart from the plain or grammatical meaning of the expressions and the use of the expressions at the proper places in the agreement.” (emphasis in original) * * * “42. Be that as it may, the legal position as we understand it is that the parties to an arbitration agreement have the autonomy to decide not only on the procedural law to be followed but also the substantive law. The choice of jurisdiction is left to the contracting parties. In the present case, the parties have agreed on a two-tier arbitration system through Clause 14 of 31 the agreement and Clause 16 of the agreement provides for the construction of the contract as a contract made in accordance with the laws of India. We see nothing wrong in either of the two clauses mutually agreed upon by the parties.” * * * “46. For the present we are concerned only with the fundamental or public policy of India.
Supreme Court of India Cites 131 - Cited by 21 - R F Nariman - Full Document

Pasl Wind Solutions Private Limited vs Ge Power Conversion India Private ... on 20 April, 2021

(2016) 2 SCC (Civ) 580, Hon'ble Judges/Coram: Anil R. Dave, Kurian Joseph and Amitava Roy, JJ.] this Court dealt with party autonomy from the point of view of the contracting parties and its importance in commercial contracts. In para 5 of the Report, it was observed: (SCC p. 130) 94 “5. Party autonomy being the brooding and guiding spirit in arbitration, the parties are free to agree on application of three different laws governing their entire contract— (1) proper law of contract, (2) proper law of arbitration agreement, and (3) proper law of the conduct of arbitration, which is popularly and in legal parlance known as “curial law”. The interplay and application of these different laws to an arbitration has been succinctly explained by this Court in Sumitomo Heavy Industries Ltd. v. ONGC Ltd., [Sumitomo Heavy Industries Ltd. v. ONGC Ltd., (1998) 1 SCC 305] which is one of the earliest decisions in that direction and which has been consistently followed in all the subsequent decisions including the recent Reliance Industries Ltd. v. Union of India [Reliance Industries Ltd. v. Union of India, (2014) 7 SCC 603 : (2014) 3 SCC (Civ) 737] .” (emphasis in original) Later in para 10 of the Report, it was held: (SCC pp. 131-32) “10. In the matter of interpretation, the court has to make different approaches depending upon the instrument falling for interpretation. Legislative drafting is made by experts and is subjected to scrutiny at different stages before it takes final shape of an Act, Rule or Regulation. There is another category of drafting by lawmen or document writers who are professionally qualified and experienced in the field like drafting deeds, treaties, settlements in court, etc. And then there is the third category of documents made by laymen who have no knowledge of law or expertise in the field. The legal quality or perfection of the document is comparatively low in the third category, high in second and higher in first. No doubt, in the process of interpretation in the first category, the courts do make an attempt to gather the purpose of the legislation, its context and text. In the second category also, the text as well as the purpose is certainly important, and in the third category of documents like wills, it is simply intention alone of the executor that is relevant. In the case before us, being a contract executed between the two parties, the court cannot adopt an approach for interpreting a statute. The terms 95 of the contract will have to be understood in the way the parties wanted and intended them to be. In that context, particularly in agreements of arbitration, where party autonomy is the grund norm, how the parties worked out the agreement, is one of the indicators to decipher the intention, apart from the plain or grammatical meaning of the expressions and the use of the expressions at the proper places in the agreement.” (emphasis in original)
Supreme Court of India Cites 108 - Cited by 14 - R F Nariman - Full Document

The Indian Institute Of Technology ... vs M/S.Midway Services on 4 October, 2019

In view of the development of law after the judgment in M.R. Engineers case, we are of the opinion that a general reference to a consensual standard form is sufficient for incorporation of an arbitration clause. In other words, general reference to a standard form of contract of one party will be enough for incorporation of arbitration clause. A perusal of the passage from Russell on Arbitration, 24th Edn.
Madras High Court Cites 14 - Cited by 0 - P Sathyanarayana - Full Document

R.Vellaichamy vs Vairavan .. 1St on 14 September, 2021

25. After referring to the above observations, it was pointed out https://www.mhc.tn.gov.in/judis/ 22/33 WA(MD)No.710/2018 that having regard to the precarious water situation prevailing in major part of the year in the State of Tamil Nadu, it is imperative that water storage resources such as tanks, ponds, odai, canals, etc., are not obliterated by the encroachers. The observations made by the Hon'ble Supreme Court in the case of M.C. Metha, (supra), observing that the ‘precautionary principle’ makes it mandatory for the State Government to anticipate, prevent and attack the cause of environment degradation. Ultimately, the Division Bench directed the State Government to identify all such water resources in different parts of the State and wherever illegal encroachments are found, initiate appropriate steps in accordance with the relevant provisions of law for restoring such natural water storage resource which has been classified, as such in the revenue records to its original position.
Madras High Court Cites 16 - Cited by 0 - P Sathyanarayana - Full Document
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