Orders and Judgments Duration February 08-22, 2020
FAIRNESS IS WHAT JUSTICE REALLY IS.
POTTER STEWART, SUPREME COURT JUSTICE
ALTERNATIVE DISPUTE RESOLUTION
- Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & Other Charities v. M/S Bhaskar Raju & Brothers
Supreme Court (SC) rules, Arbitration Clauses not actionable unless Agreements are sufficiently Stamped
The Supreme Court has held that an Arbitration Clause in an agreement which is required to be duly stamped, wasn’t sufficiently stamped, cannot be acted upon by the Court in that case.
- Nandkishore Shravan Ahirrao v. Kosan Industries (P) Ltd
Supreme Court (SC) on Reinstatement: Once Service is restored by Labour Court, its continuity is obvious
The Supreme Court (SC) has held that if Labour Court reinstates a person to his service, its continuity is an obvious factor and need not be mentioned in selective words. The Petitioner herein had been disengaged from his services by the respondent firm alleging that he caused disruption to the work. In this regard, in pursuance of a reference made under the Industrial Disputes Act 1947, the Labour Court by its award came to the conclusion that the findings in the enquiry were perverse; that the order of dismissal was harsh and thus granted him reinstatement in service with 25% back wages for the surplus days.
INSOLVENCY AND BANKRUPTCY
- Steel India v. Theme Developers Pvt Ltd
Interest alone cannot be construed as operational debt(NATIONAL COMPANY LAW APPELLATE TRIBUNAL (MANU/NL/0100/2020)
This appeal emanates from the order passed by the Adjudicating Authority on the application filed U/s. 9 of the Insolvency and Bankruptcy Code 2016 (for short I & B Code’) by the Appellant/applicant M/s. Steel India to initiate Corporate Insolvency Resolution Process (CIRP) against the corporate debtor M/s. Theme Developers Pvt. Ltd. The appellant contends that the ‘Corporate Debtor’ committed default in making payment to the extent of ₹ 22,64,054/-, which is inclusive of interest calculated @ 2% on the delayed payments against goods sold and delivered by the ‘Operational Creditor’ to the ‘Corporate Debtor’. The Applicant states that it supplied the steel bars to the ‘Corporate Debtor’ for their construction activity, at their project sites and against these supplies various invoices have been raised.ReadMore
- D K Chandel v. Wockhardt Ltd & Anr
Supreme Court (SC) on Sec.138 NI Act: No need for Complainant to produce Account Books during Criminal Trial
The Supreme Court (SC) observed that the production of the account books/cash book may not be relevant in a criminal case filed under Section 138 of the Negotiable Instruments Act.
- APS Forex Services Pvt Ltd v. Shakti International Fashion Linkers
Supreme Court (SC) on NI Act: Mere bald plea that Cheque was Drawn for Security not sufficient to rebut presumption under Sec.139 NI Act
The the Supreme Court (SC) has held that the defence of the accused that the cheques were given by way of security is not believable since further evidence to rebut the presumption were absent.
- New India Assurance Co Ltd v. Paresh Mohanlal Parmar
Supreme Court (SC) on Insurance Claim: Unless insured is duly informed, exclusionary clauses not applicable
The Supreme Court (SC) has held that unless the insured is duly informed, Exclusionary Clauses will not be applicable.