2025 SCC Vol. 10 Part 2
2025 SCC Vol. 10 Part 2: Explore the latest Supreme Court Cases on Arbitration, Constitution, CPC, Consumer Protection, Education Law, Environment Law, Motor Vehicles Act, and more.
Partnership Act
Pendency of civil and criminal litigation among partners cannot estop a partner from invoking arbitration clause: Punjab and Haryana HC
“Technicality cannot be attached with a notice served under Section 21 of the Arbitration and Conciliation Act, 1996 as that would defeat the objective of the statute, which provides for a speedy resolution of the disputes.”
If dispute is arbitrable and arbitration clause exists, Courts ought to refer dispute to arbitration under S. 8 of A&C Act, 1996: Gauhati HC
In the present case, Clause 12 of the partnership deed indicated that the Partnership Act, 1932 and its Rules shall cover only those aspects not specifically mentioned in the deed.
Supreme Court emphasises on Appellate Courts’ limited scope in remanding back the matter for a de novo trial
The remand in the present case could only be correlated with Rule 23-A of Order XLI CPC and for its applicability, the necessary requirements were that “the decree is reversed in appeal and a re-trial is considered necessary”, thus, the Supreme Court held that the remand in the present case was not justified.
Compilation of Important Judgments of Supreme Court and High Courts regarding Section 138 of the Negotiable Instruments Act, 1881
by Swarnendu Chatterjee† Anwesha Pal†† and Yashwardhan Singh†††
Cite as: 2023 SCC OnLine Blog Exp 11
Dishonour of cheque| Partner cannot be held to be vicariously liable when partnership firm is not tried as primary offender: SC
Supreme Court: Explaining the law on vicarious liability under the Negotiable Instruments Act, 1881, the bench of Ajay Rastogi and Sanjiv Khanna*,
Every partner is liable, jointly with all other partners and also severally for all acts of firm done while he is a partner: Is it true? Bom HC answers
Bombay High Court: Expressing that, a firm is not a legal entity, N.J. Jamadar, J., held that a partnership firm is only
“Filing of the charge-sheet within stipulated period is sufficient compliance u/s 167 of CrPC”, SC rejects default bail plea of Rahul Modi, MD of Adarsh Group
Supreme Court: In a loan default case, the Division Bench of L. Nageswara Rao* and B.R. Gavai, JJ., rejected pleas of Rahul
Ker HC| CAs Right to Practice: Can ICAI refuse to recognize retirement of CA from a firm? HC explains legal position
Kerala High Court: N.Nagaresh, J., pronounced a landmark judgment regarding right to practice of Chartered Accountants. The Bench held, “The decision of
NCLT | Petitioner failed to establish a contractual relationship with the corporate Debtor; Tribunal dismisses application
National Company Law Tribunal (NCLT): A Division Bench of Chandra Bhan Singh (Technical Member) and Suchitra Kanuparthi (Judicial Member) dismissed an application