WHAT IS ARBITRATION AND CAN A PARTY BE FORCED INTO IT ? : THAT’S WHAT SUPREME COURT EXPLAINED IN INDO WIND ENERGY LIMITED V/S WESCARE INDIA LIMITED & ANR. (PART-I)

1 Comment / Arbitration / By

For having an effective and timely adjudication of the dispute, you should in the beginning itself, execute an agreement with the Contractor. In this agreement you should include an Arbitration Clause which will state that if there is any dispute between you and the contractor then both of you will approach an arbitrator, who will decide the dispute in an impartial manner.

ONLY BECAUSE A PERSON HAS LOST A SUCCESSION CERTIFICATE CASE DOES NOT MEAN HE CANNOT FILE ANOTHER CASE TO CLAIM THE SAME MONEY FROM THE PARTY WHO WON, AS SUCCESSION CERTIFICATE DOES NOT DECIDE TITLE TO THE MONEY CLAIM: THAT’S WHAT SUPREME COURT HELD IN “MADHAVI AMMA & ORS. VS KUNJIKUTTI PILLAI”

Leave a Comment / Succession Certificate / By

The Succession Court only has the right to tell the bank/LIC/Post Office, to whom it should give the money in order to get a valid discharge and nothing else. So Z can file a suit tomorrow claiming that he is the brother of Y and hence entitled to money which X received from the bank

IF A PURHCASER/AUCTION PURCHASER NEGLECTS TO VERIFY THE ANTECEDENTS OF THE PROPERTY, LIKE A PRIOR MORTGAGE, CHARGE OR TENANT LIVING IN THE PURCHASED PROPERTY, THEN HE HAVE TO PAY FOR THESE LIABILITIES OUT OF HIS OWN POCKET: THAT’S WHAT CALCUTTA HIGH COURT HELD IN “JNANENDRA NATH ROY V/S SHASHI MUKHI DEBYA”

Hindu Joint Family Property, Innocent Purchaser, PROPERTY DISPUTES / By

Charge is entirely different from the a mortgage defined under Section 58 of Transfer of Property Act, 1882. If a mortgage (colloquially called “Girwi rakhna” in North India) of Rs.100 remains unpaid to the Mortgagee (the person who gives the loan on the security of the property) and the Mortgagee brings a suit for Foreclosure and Sale of the property whereby the property is sold for Rs.60 then the Auction Purchaser have to just pay the bidding amount to the Mortgagee and nothing more.

IF A TENANT DENIES TO PAY RENT TO THE LANDLORD, CAUSING LANDLORD TO FILE A CASE, THEN THE LANLORD IS NOT ONLY ENTITLED TO GET THE RENT TILL THE DATE OF FILING OF THE CASE BUT RENT SHOULD BE PAID TO HIM FOR EVERY FUTURE MONTH TILL THE CASE ENDS: THAT’S WHAT THE DELHI HIGH COURT HELD IN “APNAGHAR BUILDERS PVT. LTD. VS. INTENSE FITNESS & SPA PVT. LTD.”

Leave a Comment / Landlord-Tenant Disputes, PROPERTY DISPUTES / By

For this reason that the court asked the tenant to pay Rs.17 Lacs per month to the landlord from the day it failed to do so i.e. November 2017 till the end of the case. This way it doesn’t matter how long the case goes the tenant have to pay the said amount every month to the landlord.

IF A BANK OR NBFC FILES CASE AGAINST GUARANTOR FOR LOAN RECOVERY THEN THE GUARANTOR CAN SUE THE PRINCIPAL DEBTOR AND THE LATTER IS NOT ENTITLED TO HIS SECURITY UNDER IBC : THAT’S WHAT NCLAT HELD IN “SHREE KUMAR MUNDHRA VS. M/S SPELL ORGANICS LTD. & ORS.” (PART-II)

Leave a Comment / Company Disputes, Uncategorized / By

A Guarantor has several avenues open to him which will be discussed in this article. He certainly cannot be called helpless if he knows how to approach the problem in the right manner.

IF A BANK OR NBFC FILES CASE AGAINST GUARANTOR FOR LOAN RECOVERY THEN THE GUARANTOR CAN SUE THE PRINCIPAL DEBTOR AND THE LATTER IS NOT ENTITLED TO HIS SECURITY UNDER IBC : THAT’S WHAT NCLAT HELD IN “SHREE KUMAR MUNDHRA VS. M/S SPELL ORGANICS LTD. & ORS.” ( PART-I)

Company Disputes / By

Often when a Bank, Non Banking Financial Company (NBFC for short), or any other Creditor grants loan to someone, they insist on having a Guarantor, who can protect the Bank or NBFC against non-payment by the Principal Borrower (namely the party which borrows the loan). Generally a Promissory Note is executed by the Guarantor to personally bind him.

A DIRECTOR OR EMPLOYER CANNOT BE ARRESTED BY INCOME TAX OR EPFO AUTHORITIES ON THE SOLE GROUND THAT HE HAS NOT PAID PROVIDENT FUND OR INCOME TAX ARREARS: THAT’S WHAT THE KERALA HIGH COURT HELD IN “ALI VERSUS RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION”( PART-II)

Company Disputes, Director's Liability / By

Therefore a person who is under such threat must marshal his resources skillfully in order escape such illegal arrest. And I must say that engaging an able Advocate is one of the most crucial aspects of such marshalling.

A DIRECTOR OR EMPLOYER CANNOT BE ARRESTED BY INCOME TAX OR EPFO AUTHORITIES ON THE SOLE GROUND THAT HE HAS NOT PAID PROVIDENT FUND OR INCOME TAX ARREARS: THAT’S WHAT THE KERALA HIGH COURT HELD IN “ALI VERSUS RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION”(PART-I)

Company Disputes, Director's Liability, Uncategorized / By

Director’s whole company can be taken from his hand and given to a third party (called Receiver). The Director is completely thrown out from his Company’s management and he cannot run the Company anymore, as the Receiver is the new boss

LIC CANNOT DENY PAYMENT OF THE INSURANCE MONEY TO THE DEPENDANTS OF THE POLICY HOLDER ON TRIVIAL GROUNDS: THAT’S WHAT BOMBAY HIGH COURT HELD IN “SMT. DIPASHRI V. LIC”

Insurance / By

First is that LIC is missing an important ingredient which is required for the application of the Section 45 mandating that the person who is applying for a policy “knew at the time” of applying for Insurance Policy, that he is suffering from a disease because only then it will be called a fraud.

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