Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
A bill of lading clause stating that disputes can be settled by arbitration was held not to create a binding arbitration agreement. At the stage of appointing an arbitrator, the Court confined itself to the prima facie existence of an arbitration agreement and read the clause in its contractual context. The word "can" was treated as permissive, indicating only a possible mode of settlement rather than a mandatory obligation to arbitrate. Applying the principles in K.K. Modi and Jagdish Chander, the Court found that the clause required further consent when a dispute arose and therefore lacked the definitiveness needed to compel arbitration. The refusal to appoint an arbitrator was upheld.
A bill of lading clause stating that disputes can be settled by arbitration was held not to create a binding arbitration agreement. At the stage of appointing an arbitrator, the Court confined itself to the prima facie existence of an arbitration agreement and read the clause in its contractual context. The word "can" was treated as permissive, indicating only a possible mode of settlement rather than a mandatory obligation to arbitrate. Applying the principles in K.K. Modi and Jagdish Chander, the Court found that the clause required further consent when a dispute arose and therefore lacked the definitiveness needed to compel arbitration. The refusal to appoint an arbitrator was upheld.
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