“FAIRNESS IS WHAT JUSTICE REALLY IS.”
ALTERNATIVE DISPUTE RESOLUTION
Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & Other Charities v. M/S Bhaskar Raju & Brothers
Arbitration clauses cannot be acted upon unless agreements are duly stamped – Supreme Court
The Supreme Court held that an arbitration clause contained in an agreement requiring stamp duty cannot be acted upon unless the agreement is properly stamped.
The Court observed that insufficiently stamped agreements are inadmissible in evidence until the applicable stamp duty and penalty are paid in accordance with law.
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EMPLOYMENT
Nandkishore Shravan Ahirrao v. Kosan Industries (P) Ltd
Continuity of service is implicit once reinstatement is granted by Labour Court – Supreme Court
The Supreme Court held that when a Labour Court orders reinstatement of an employee, continuity of service is ordinarily implied even if not expressly stated.
The Court observed that reinstatement naturally restores the employee’s service status unless specifically restricted by the adjudicating authority.
The matter arose from dismissal of an employee whose termination was later found to be harsh and based on a perverse enquiry.
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INSOLVENCY AND BANKRUPTCY
Steel India v. Theme Developers Pvt Ltd
Interest alone cannot be treated as operational debt – NCLAT
The National Company Law Appellate Tribunal held that interest by itself cannot constitute an operational debt under the Insolvency and Bankruptcy Code.
The dispute arose from delayed payments relating to supply of steel bars where the operational creditor sought initiation of Corporate Insolvency Resolution Process against the corporate debtor.
The Tribunal examined whether the interest component claimed on delayed payments could independently qualify as operational debt under Section 9 of the IBC.
CORPORATE
D K Chandel v. Wockhardt Ltd & Anr
Complainant need not produce account books in cheque dishonour cases under Section 138 NI Act – Supreme Court
The Supreme Court held that production of account books or cash books may not be necessary in criminal proceedings initiated under Section 138 of the Negotiable Instruments Act.
The Court observed that cheque dishonour cases are primarily governed by statutory presumptions available under the NI Act.
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APS Forex Services Pvt Ltd v. Shakti International Fashion Linkers
Mere plea that cheque was issued as security insufficient to rebut presumption under Section 139 NI Act – Supreme Court
The Supreme Court held that a bare allegation that a cheque was issued only as security is insufficient to rebut the statutory presumption under Section 139 of the Negotiable Instruments Act.
The Court observed that the accused must produce credible evidence to disprove the legally enforceable debt or liability underlying the cheque.
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INSURANCE
New India Assurance Co Ltd v. Paresh Mohanlal Parmar
Exclusionary clauses not enforceable unless properly communicated to insured – Supreme Court
The Supreme Court held that exclusionary clauses in an insurance policy cannot be enforced unless they are properly disclosed and communicated to the insured.
The Court observed that insurers must establish that policyholders were made aware of restrictive or exclusionary conditions before denying insurance claims on that basis.
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