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.

Legal heirs can invoke arbitration clause

Ravi Prakash Goel v. Chandra Prakash Goel, (2008) 13 SCC 667

Partnership ceases upon death of partners

CIT v. Seth Govindram Sugar Mills, AIR 1966 SC 24
CIT v. Sherally Meherally & Sons, [1998] 230 ITR 120(Bom)
Mohammad Laiquddin, 2010 (2) SCC 407 
Jagannath Mineral v. State of Orissa (on Manupatra)

Partnerships have implied non-compete

Novartis v. Aventis Pharma
Arb Petn No. 763 of 2009
Bombay High court