Supreme Court

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An arbitration clause in an agreement cannot survive if the agreement containing arbitration clause has been superseded/ novated by a later agreement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
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
16th Jul, 2013

Termination of service, if amounts to Retrenchment

Whether termination of services on the expiry of the contract period would amount to retrenchment within the meaning of Section 2(oo) of the Industrial Disputes Act, 1948
15th Jul, 2013

Government Servant is not a consumer under the Consumer Protection Act, 1986 for the purposes of claims pertaining to retiring benefits

Whether Government Servant fall under the definition of a “consumer” and thus entitled to claim his retiral benefits due under his service conditions and regulations. The Apex Court answered NO, as the government servant for […]
15th Jul, 2013

Restriction on Transfer of Shares not listed in the Stock Exchange

The Apex Court in the matter of Bhagwati Developers Private Limited settled a controversy regarding application of Securities Contracts (Regulation) Act, 1956 (hereinafter referred to as Regulation Act) to the transfer of shares of a […]
1st Jul, 2013

Rule of Criminal liability against vicarious liability – Under Section 138 of the Negotiable Instruments Act

Rule of Criminal liability against vicarious liability  – Under Section 138 of the Negotiable Instruments Act, 1881 it is only drawer of the cheque who can be prosecuted  
10th May, 2013

Arbitration Clause in a contract is an agreement independent of other terms of the contract

While considering any objection with regard to the existence or validity of the arbitration agreement, the arbitration clause forming part of the contract, has to be treated as an agreement independent of other terms of […]
8th May, 2013

CLB can compound certain offences under Companies Act, 1956, without permission from Court

Company Law Board if so approached can compound offences and in such case no prior permission of the Court is necessary  
1st May, 2013

FDI bone finally goes down the Centre’s neck – Consumers to get International shopping flavour

Supreme Court upholding hte proposal to allow Foreign Direct Investment in Multi-brand retail trade
18th Apr, 2013

Victory to Local and Global Environmentalist- Niyamgiri Judgement

Stage II clearance for the Bauxite Mining Project – Apex Court’s landmark Judgment on Mining in Niyamagiri Hills