Supreme Court

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

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

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.
21st Aug, 2014

Action of an Advocate duly authorised by his client similar to that of power-of-attorney acting on behalf of principal #indianlaws

Counsel appearing for a party is fully competent to put his signature to the terms of any compromise upon which a decree can be passed in proper compliance with the provisions of Order XXIII Rule […]
21st Aug, 2014

Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue #indianlaws

Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue
21st Aug, 2014

Court can deviate from agreed terms while appointing arbitrator in exceptional circumstances #indianlaws

Even if the arbitration agreement specifically provides for any particular qualification(s) of an arbitrator the same would not denude the power of the Court acting under Section 11(6), in an appropriate case to depart therefrom.
21st Aug, 2014

Issue of complaint under Section 138 N I Act being barred by time has to be raised before the Trial Court #indianlaws

High Court should consider the provisions of condonation of delay inserted as proviso to clause (b) of Section 142 of the NI Act before dismissing the complaint being barred by limitation