exclusion of jurisdiction of indian courts

territorial  jurisdiction of a court when the plaintiff intends to invoke jurisdiction of any court in India, has to be ascertained on the basis of the principles laid down in the Code of Civil Procedure.  Agreement cannot take away jurisdiction of court.  (2008) 1 SCC 618

Fraud and Contract

Fraud which vitiates the contract must have a nexus with the acts of the parties prior to entering into the contract.
(2006) 13 SCC 599, Reliance Salt Ltd v. Cosmos Enterprises 

Limitation and Arbitration - Section 14

Benefit of Section 14 of the Limitation Act, 1963 is also available in arbitration proceedings. (2011) 1 SCC 117

Jurisdiction

The place where the repudiation is received is the place where the suit would lie. (1989) 2 SCC 163 ABC Laminart

10F Appeal and Arbitration

The High Court has no jurisdiction under Section 10F of the Companies Act against the orders of the CLB allowing applications for referring the  matter to arbitration.  
Vijay Sekhri v. Tinna Oil & Chemicals,    2011 100  CLA Del 344


(SUBJECT TO DISCUSSION)


SEE ALSO : SUMITOMO 2008 4 SCC 91

Section 543 of the Companies Act - preference

Under S 543 of the Companies Act only a member or a creditor could make an application, not the Government (SFIO).
While SFIO can approach the board under Section 401, but it has to show ingredients necessary for 397/398.


Pradeep Vakil v. Union of India, [2011] 161 Comp Cas 231 (CLB - Mum)

Arbitration and 397/398 Company Law Board

20th Century Finance Corporation Ltd v. Union of India, [2011] 161 Comp Cas 247 (Delhi)

"The grievance of the appellant was that the respondent had not adhered to the clauses of the sponsorship agreement. The right to get the memorandum and the articles of association amended had accrued to the appellant and the pre-requisite for the appellant was to fulfill all the obligations imposed on it by the sponsorship agreemnt as it was disputed by the respondents for the amendment of the mem/arts.... It flowed from the contractual obligations contained in the sponsorship agreement and had to be necessarily determined through means of arbitration as contained in the article 8(2) of the sponsorship agreement. "