The VakilNetwork Blog
Expert commentary on Indian law, case analysis, and legal guides
Arbitration Clause Using Word 'Can' Creates Mere Possibility And Not Binding Obligation : Supreme Court
Nagreeka Indcon Products Pvt. Ltd. contracted with Cargocare Logistics for logistics services. When a dispute arose regarding delivery of goods without payment, Nagreeka invoked the arbitration clause in the bill of lading. The Supreme Court held that the use of the word 'can' in the arbitration clause creates only a possibility of arbitration, not a binding obligation, and thus the clause does not constitute a valid arbitration agreement requiring parties to arbitrate.
Timelines Prescribed In Standard Operating Procedure For Filing Legal Aid Appeals Are Binding: Supreme Court
The appellant Shankar Mahto, facing a death sentence confirmed by the Patna High Court, challenged the judgment through legal aid. The Supreme Court, while addressing systemic delays in the legal aid filing process, approved and made binding the Standard Operating Procedure for translation and transmission of records for filing legal aid appeals and SLPs.
Administrative Action Against Discharged Accused Violates Principle Of Finality : Supreme Court
A former Indian Air Force officer was dismissed from service in 1993 for misconduct relating to a driver's death in 1987. After being discharged by a criminal court, the Air Force initiated administrative action under Section 19 of the Air Force Act. The Supreme Court held that initiation of disciplinary proceedings after discharge by a criminal court violates the principle of finality and set aside the dismissal order.
Set-Off Of Accumulated Losses Of Amalgamating Company Against Income Of Amalgamated Company Not Permissible Under Kerala Agricultural Income Tax Act : Supreme Court
Aspinwall and Co. Ltd. challenged denial of set-off of accumulated losses from Pullangode Rubber and Produce Co. Ltd. after amalgamation. The Supreme Court upheld dismissal, ruling that no provision under Kerala Agricultural Income Tax Act permits an amalgamated company to claim set-off of losses suffered by the amalgamating company, and losses beyond 8 years cannot be carried forward.
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