Case Analysis

24th Sep, 2014

Mere appointment of a contractor or employee does not Absolve Corporation from its statutory duties #indianlaws

It was held by the Supreme Court held a Corpoation who grants the boating rights to contractor would continue to be liable to suprevise the boating activities and pay for the loss of life during boating.
24th Sep, 2014

Supreme Court not a Court within the meaning of Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 #indianlaws

Supreme Court under no circumstances to be considered as “Court” for the purposes of Section 2(1)(e), and whether the Supreme Court does or does not retain seisin after appointing an Arbitrator
10th Sep, 2014

Liability of the surety is co-extensive with that of the principal debtor #indianlaws

It was held that if the composite decree is a decree which is both a personal decree as well as a mortgage decree, without any limitation on its execution, the decree-holder, in principle, cannot be […]
10th Sep, 2014

Lottery Business not under the purview of Competition Act, 2002 #indianlaws

Competition Act would be applicable to legitimate trade and goods to ensure competition in the market, to protect the interest of the consumers and freedom of trade in markets which are res commercium. The lottery […]
10th Sep, 2014

DRT/ DRAT empowered to lay down its procedure to regulate the proceeding #indianlaws

An application under Section 22(2)(b) of the Recovery of Debts due to Banks and Financial Institution Act, 1993 RDBFI Act) for production of original/certified copies of the documents mentioned in the petition was filed. On […]
10th Sep, 2014

laws of pleading in complaint under Section 138 Negotiable Instruments Act #indianlaws

It is not necessary to aver in the complaint that in spite of the return of the notice unserved, it is deemed to have been served or that the addressee is deemed to have knowledge […]
10th Sep, 2014

Arbitrator cannot decide upon issues not arbitrable in a Contract of Arbitration

It is  not open to the Arbitrator to arbitrate upon the disputes which in view of a specific clause in the contract to the effect of they been “excepted” issues. 
30th Aug, 2014

Disputes cannot be referred to an Arbitrator when there are serious allegations of fraud #indianlaws

Section 8 of the Arbitration and Conciliation Act, 1996 (Act) provides for powers of the judicial authority/ Court to refer parties to arbitration where there is an agreement to this effect. There are number of […]
30th Aug, 2014

Automobile Companies charged with mammoth penalty by Competition Commission of India #indianlaws

The Commission observed that in deciding the remedies its primary objective is to correct the distortions in the aftermarket, to provide corrective measures to make the market more competitive, to eradicate practices having foreclosure effects […]
30th Aug, 2014

Complaint against dishonor of cheque payable AT PAR can be filed where the cheque was dishonored #indianlaws

By the present judgment, the Bombay High Court drawn a distinction or rather clarified that cheques payable at par if gets dishonored, the complaint filed against commission of such offence punishable under Section 138 of […]
30th Aug, 2014

Cheque dishonoured due to Stop Payment instructions may or may not be covered under Section 138 of NI Act #indianlaws

If the accused shows that in his account there were sufficient funds to clear the amount of the cheque at the time of presentation of the cheque for encashment at the drawer bank and that […]
30th Aug, 2014

Court not to substitute Arbitrator’s view by its own unless error apparent on the face of record #indianlaws

In considering objections to the Award passed by an Arbitrator, the Court is not justified in reappraising the material on record and substituting its own view in place of Arbitrator’s view.