Cheque Dishonour and Scheme of Arrangement

Offence of Dishonour of Cheques is not compounded by passing of scheme of arrangement with said creditors. JIK Industries Ltd. v. Sunil Ranchorlal Bajaj, 2010 159 Comp Cas 485 (Bom)

Cheque Bounce - Liability of Directors

1. There is a presumption under law that a cheque is isssued in discharge of a debt or liability and this presumption has to be rebutted by the person issuing a cheque. 

2. Law enjoins responsibility of running a company on all the directors collectively and if a director takes the stand that he has no responsibility, the onus to rebut legal presumption is on him. 

3. When the has made BoD responsible for the conduct of the business as a body of the company, each and every Director has to be considered in-charge of responsibility for conduct of the business and can be summoned by the court.

Shree Raj Travels & Tours Ltd v. Destination of the World (Subcontinent) Pvt Ltd., 2010 7 Taxmann.com 64 (Delhi)

Legal Professional Privilege & In house counsels

applies to in house counsels, Vijay Metal Works, AIR 1982 Bom 6.

Section 8 of Arbitration Act, 1996 - waiver of arbitration clause

FCI v. Yadav Engieer & Contractor, (1982) 2 SCC 499: "taking any other steps in the proceeding must be confined to taking steps in the proceedings for resolution of the substantial dispute in the suit..." Appearing at interim stage does not mean waiver of arbitration clause. 


Rashtriya Ispat Nigam Limited v. Verma Transport Co. (2006) 7 SCC 275. 

Section 8 - Arbitration, Bar on civil court jurisdiction

2006 7 SCC 275

Participation in interim application does not mean waiver of arbitrability.

Statement on substance of dispute and "written statement".

Arbitration: Questions which arbitrator must decide, can decide and which court must decide

National Insurance Co. Ltd vs M/S. Boghara Polyfab Pvt. Ltd, 

http://www.indiankanoon.org/doc/1482268/

Limitation and Arbitration

Krishna Mittal v. MCD, MANU/DE/1502/2010.

Rameswara Home & Apartments Pvt Ltd v. Manojlal, 2008(3)CHN349.

Shiv Construction Company v. State of Rajasthan, RLW 2005 (4) Raj 2656, 2005 (4) WLC 234 (arbitrator to decide questions of limitation)