Leave Encashment Benefit is a part of salary: Holds Supreme Court
The Supreme Court on September 26, 2022 in the matter of Jagdish Prasad Saini v. State of Rajasthan held that that leave encashment is part of salary. In the instant matter, an appeal was filed against a judgment of the Rajasthan High Court, Jaipur Bench dismissing the Appellant’s plea by holding that neither gratuity nor leave encashment […]
Supreme Court orders reinstatement of Watchman who was illegally dismissed 20 years ago
The Supreme Court on September 23, 2022 in the matter of Jeetubha Khansangji Jadeja v. Kuttch District Panchayat granted relief to a watchman who was wrongfully terminated from service in 2002, by ordering his reinstatement. In the instant matter, an appeal was filed against an order of the Gujarat High Court setting aside the Bhuj Labour Court […]
Approval of a resolution in respect of one borrower cannot discharge a co-borrower: Holds Supreme Court
The Supreme Court on September 22, 2022 in the matter of Maitreya Doshi v. Anand Rathi Global Finance Ltd. held that the approval of a resolution in respect of one borrower cannot discharge a co-borrower and that if there are two borrowers or if two corporate bodies fall within the ambit of corporate debtors, there is no […]
No bar to withdraw admitted CIRP application before constitution of Committee of Creditors: Holds Supreme Court
The Supreme Court on September 22, 2022 in the matter of Ashok G. Rajani vs Beacon Trusteeship Ltd. held that there is no bar to withdrawal of an admitted Corporate Insolvency Resolution Process (“CIRP”) application before constitution of Committee of Creditors (“CoC”) and that settlement cannot be stifled before the constitution of the Committee of Creditors in anticipation of claims against […]
Court cannot decide as to whether the arbitration clause in a subsequent agreement would govern past transactions of similar nature: Holds Delhi High Court
The Delhi High Court on September 01, 2022 in the matter of OYO Hotels and Homes Pvt. Ltd. v. Agarwal Packers and Movers Ltd. held that the limited scope of judicial scrutiny under Section 11 of the Arbitration and Conciliation Act, 1996 (“A&C Act”) does not permit the High Court to examine an issue as to whether the arbitration […]
Clause giving only supervisory powers to third party with respect to disputes is not an arbitration agreement: Holds Madras High court
The Madras High Court on August 25, 2022 in the matter of Innovators Facade Systems Ltd. v. Larsen & Toubro Limited held that where the parties have agreed to give only supervisory powers to a third party with respect to the disputes arising between them, and a clause which does not disclose the intention of the parties to […]
Cheque case against Director/Partner of firm can be quashed only if there is unimpeachable & incontrovertible evidence that they were not concerned with issuance of cheque: Holds Supreme Court
The Supreme Court on September 16, 2022 in the matter of S P Mani and Mohan Dairy v. Dr. Snehalatha Elangovan held that vicarious criminal liability can be inferred against the partners of a firm when it is specifically averred in the complaint about the status of the partners ‘qua’ the firm and that the High Court […]
Disputes related to Tax Concessions are not Arbitrable: Holds Supreme Court
The Supreme Court on September 12, 2022 in the matter of Shree Enterprise Coal Sales Pvt Ltd. v. Union of India held that the relief related to tax concessions are not of an arbitrable nature. In the instant matter an appeal was filed against the judgment of a Division Bench of the High Court of Allahabad in a […]
Unregistered Sale cannot be the basis for claim on Immovable Property: Holds NCLAT Delhi
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench on September 09, 2022 in the matter of Smt. Sabita A. Biswa v. Shri Vinodkumar Pukhraj Ambavat held that sale deed which is neither registered nor stamped and executed before Notary cannot be basis for any claim with regard to the purchase of immovable property. In the instant matter, […]
Breach of settlement agreement not a ground to trigger CIRP: Holds NCLT Delhi
The National Company Law Tribunal (“NCLT”), New Delhi Bench, on August 11, 2022 in the matter of Bajaj Rubber Company Pvt. Ltd. v. Saraswati Timber Pvt. Ltd. held that breach of terms and conditions of a Settlement Agreement does not come under the purview of Operational Debt under Insolvency and Bankruptcy Code, 2016 (“IBC”) and the same cannot be a […]