Articles

22nd Aug, 2013

Circumstances when the Arbitration Clause cannot survive

An arbitration clause in an agreement cannot survive if the agreement containing arbitration clause has been superseded/ novated by a later agreement
22nd Aug, 2013

Mandatory provisions of Security Interest (Enforcement) Rules 2002 can be dispensed in certain conditons

Mandatory Provisions of Rule 9 of Security Interest (Enforcement)  Rules 2002 can be dispensed with when secured creditor, borrower and auction purchaser by a written agreement so agree In a matter revolving around the compliance […]
16th Aug, 2013

Excise duty of the business of erstwhile owner is not the responsibility of subsquent purchaser.

Clearing excise dues is not a statutory liability to be discharged when property and not the business of the erstwhile owner is the subject matter of purchase
14th Aug, 2013

Extension of service contract beyond the agreed period cannot be claimed a matter of vested right

Whether there is any vested right in continuing with the employment despite the fact that contract of employment has come to an end by efflux of time
12th Aug, 2013

Any Award passed by Arbitrator in violation of the bar contained in the Contract is bad.

In a contract where time is the essence, the promisee if due to reasons of negligence or delay on the part of promisor fails to deliver and suffers losses, is entitled to make good losses […]
8th Aug, 2013

Opportunity should be provided to be heard prior to blacklisting the name of credit seeker

Opportunity should be provided to be heard prior to blacklisting the name of credit seeker in the list maintained by Export Credit Guarantee Corporation of India
8th Aug, 2013

Once violation of Section 33 of the Industrial Dispute Act stands established, tribunal need not examine the merits of dispute

What can be the fate of non-compliance of a mandatory condition prescribed in the statute was the question that arose before Supreme Court for consideration
8th Aug, 2013

Agreement cancelled subsequent to its impounding for want of sufficient stamp duty cannot escape the liability

Whether document (agreement for sale) seeking registration can still be impounded on account of deficient stamp duty when the same was subsequently cancelled
6th Aug, 2013

Any agreement having an appreciable adverse effect on competition within India is void.

Agreement may be explicit or tacit – may be conveyed by a nod or wink
31st Jul, 2013

The Tax paid by an employer directly to the Income Tax Authorities on behalf of an employee would not be added to the income of the employee

Issues originating from a situation where non-resident assesses during the course of their employment by foreign companies were enjoying various perquisites
19th Jul, 2013

A Special Law will prevail over a General Law, more so,when the Special Law contains a non-obstante clause.

 Provisions of Section 32 of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) shall prevail, except to the extent excluded, over those of the Income Tax Act.
17th Jul, 2013

Purpose for which shares are purchased is insignificant to determine applicability of Section 14A of the Income Tax Act, 1961

Section 14A Income Tax Act, 1961 provides for the assessment of income not forming part of the total income.