Articles

17th Dec, 2021

Dishonour of a cheque which was furnished as ‘security’ would be covered under Sec 138 of NI Act if a legally enforceable debt or liability has arisen.

In the matter of Sunil Todi & Ors. Vs. State of Gujarat & Anr. Criminal Appeal No. 1447/2021, decided by the Hon’ble Supreme Court of India on 03.12.2021. Facts of the case- The Appellant company […]

16th Dec, 2021

Pension shall be determined on rules existing at the time of retirement

Factual Matrix: The Hon’ble Supreme Court vide its judgment dated 01.12.2021 in the case of “Dr. G. Sadasivan Nair vs. Cochin University of Science & Technology represented by its Registrar & Ors.” had the […]

16th Dec, 2021

Mechanical compliance of stipulations under Section 63 of the Indian Succession Act does not prove execution of will

Factual Matrix: The Hon’ble Supreme Court in its judgment dated 25.11.2021 in the matter of “State of Haryana vs. Harnam Singh (Dead) Thr. LR’s & Ors.” had the occasion to consider whether mechanical compliance […]

13th Dec, 2021

Mere Allegation of fraud without particulars not sufficient to get over bar on Civil Suit under Section 34 of SARFAESI

In the matter of Electrosteel Castings Limited vs UV Asset Reconstruction Company Limited (CA 6669 OF 2021) decided by the Hon’ble Supreme Court on 28.11.2021. FACTS: In this case, the High Court had rejected a […]

28th Nov, 2021

Article 227 powers can be exercised to interfere with perverse, unreasonable orders of trial court

The Delhi High Court while deciding the matter of Sneha Ahuja v Satish Chander Ahuja on 15.11.2021 held that even though Article 227 does not provide it with powers to sit as an appellate court […]

28th Nov, 2021

Manufacturer cannot be held liable for deficiency in service on the part of the Authorized Service Centre or dealer

In Honda Cars India Limited Vs. Sudesh Berry & Ors., decided by the Hon’ble Supreme Court of India on 12.11.2021. Facts of the Case- Appellant/Opposite Party No. 2 is the manufacturer of “Honda City Cars” […]

21st Oct, 2021

Contract containing a specific clause which expressly bars payment of interest, then it is not open for the arbitrator to grant pendente lite interest.

The Supreme Court in the matter of Garg Builders vs Bharat Heavy Electricals Limited S.L.P. (C.) No. 16320 of 2018 decided on 04.10.2021 had an opportunity to deal with the issue whether an arbitrator can […]

18th Oct, 2021

Date of receipt of the order passed by Commissioner of Income Tax is irrelevant for computing limitation under Section 263(2) of the Income Tax Act

Factual Matrix The Hon’ble Supreme Court in its judgment dated 08.10.2021 in the matter of “The Commissioner of Income Tax, Chennai vs. Mohammed Meeran Shahul Hameed (Civil Appeal No. 6204 of 2021)” had the occasion […]

12th Oct, 2021

Circumstances in which Directors of a company can be summoned or held vicariously liable for cases initiated under Section 138 of the Negotiable Instruments Act (NI Act)

While deciding the matter of Ashutosh Ashok Parasrampuriya v. M/s Gharrkul Industries Pvt. Ltd., on 08.10.2021, the Supreme Court explained the circumstances in which Directors of a company can be summoned or held vicariously liable […]

4th Oct, 2021

Material placed on record by the Corporate Debtor may be examined to determine if an application under Section 7 of IBC is time barred

Factual matrix: The Hon’ble Supreme Court in its judgment dated 30.09.2021 in the matter of “Rajendra Narottamdas Sheth & Anr. vs. Chandra Prakash Jain & Anr. (Civil Appeal No. 4222 of 2020)” had the […]

4th Oct, 2021

Defendant who refused summons not entitled to seek setting aside of ex-parte decree u/s Order IX Rule 13 CPC

In the matter of Vishwabandhu vs.Sri Krishna and Anr decided by the Hon’ble Supreme Court on 29.09.2021 FACTS: In this case, the defendant had refused to accept the summons issued in the suit. After […]

4th Oct, 2021

Even if an application under Section 9 of A&C Act, 1996 had been entertained before the constitution of the tribunal, the court retains discretion to direct the parties to approach the arbitral tribunal

While deciding the matter of Arcelor Mittal Nippon Steel India v. Essar Bulk Terminal Ltd. the Hon’ble Supreme Court on 14.09.2021 has further clarified the scope of court’s power to entertain and adjudicate applications for […]

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