Corporate Commercial Litigation

Maintainability of a complaint of dishonour of cheque under Section 138 of the Negotiable Instrument Act, 1881, in a case where the company is not being arraigned as an Accused

Leave a Comment / Corporate Commercial Litigation / By

The two-judge bench comprising of Justice Hemant Gupta and Justice D Y Chandrachud of Supreme Court in the recent case of Himanshu v. B. Shivamurthy & another[1]have ruled out that, in order to maintain prosecution under Section 141 of Negotiable Instrument Act, 1881, it is imperative to arraign the company as an accused. The appellant, …

Maintainability of a complaint of dishonour of cheque under Section 138 of the Negotiable Instrument Act, 1881, in a case where the company is not being arraigned as an Accused Read More »

Is a former employee disqualified from being appointed as an Arbitrator

Leave a Comment / Corporate Commercial Litigation, Uncategorized / By

Arbitration in India was brought into the picture with an objective of providing speedy and cost-effective dispute resolution between litigating parties. The sole purpose was to reduce litigation and minimize the role of courts. However, even after the enactment of the Arbitration and Conciliation act, 1996, there has been a constant pressure over judiciary to …

Is a former employee disqualified from being appointed as an Arbitrator Read More »