Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4807 
Join Channel 
