Offences by Companies - Directors

Directors is entitled to discharge once he proves that he was not director at the relevant time or was not officiating the the business of the company.  Shree Raj Travels [2010] 104 SCL 127 (Delhi)

Section 8 of Arbitration Act, 1996 - file original or certified copy

Parties are required to file original or certified copy of the arbitration agreement, failing which the application u/s 8 will be dismissed [2010] 104 SCL 13.

CLB and Arbitration : Articles v. Agreement

Gautam Kapoor v. Limrose Engg, [2007] 137 Comp Cas 513 (CLB - New Delhi)
if the allegations could be examined without reference to the terms of the agreement containing the arbitration clause, then the parties need not be referred to arbitration even if the subject-matter is covered in the arbitration agreement.


Enercom GmBH [2009] 91 SCL 60 (CLB - New Delhi)
if the subject-matter brought before this Board is the subject matter of Arbitration Agreement, the Board is bound to refer the parties to arbitration.
Relied in [2010]  104 SCL 13


Also:
Escorts Finance Limited v GR Solvents and Allied Industries Ltd., [1999] 96 Comp Cas 323 
we are of the view that the present disputes being disputes arising out of or in connection with the sponsorship agreement which provides for arbitration clause have to be referred to arbitration.... 


relied upon in [2011] 161 comp cas 427 (clb) - where apart from breach of agreement no allegation of oppression and mismanagement was made.

Interim order : Consumer Protection Act

Section 27 of the Consumer Protection Act, 1986 providing for punishment for breach of court's order applies also to interim orders. 2010 (6) Bom CR 241

Death of Arbitrator

Default appointment mechanism under Section 11 of the 1996 Act should be resorted to if the named arbitrator dies. The clause does not become unworkable. Khorshed E. Nagarwalla v. Daryus Panthkey, 2010 (6) BomCR 462 

Admission to School (Class XI and Class XII)

Raunak A. Gandhi v. Bhavans, 2010 (6) Bom CR 198

Bhavans (the School) has a right to adopt its own method for granting admission to students in the Xith Standard since its is part of the autonomy which the Bhavans (the School) possess as a private educational institution.

Expert Witness

In a medical negligence case, expert witness is not always necessary.
V. Kishan Rao v. Nikhil Super Speciality Hospital, 2010 (6) Bom CR 155 (SC)