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Indian Journal of Law and Human Behavior 9(2):p 97-103, July-December 2023. | DOI: https://doi.org/10.21088/ijlhb.2454.7107.9223.4
Original Article
Tax Invoice's Clause Whether an Arbitration Clause: A Reference of Bennett Coleman & Co. Ltd. Applicant v. MAD (India Pvt. Ltd)
Prasenjeet Kumar, Deo Narayan Singh
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Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.
Indian Journal of Law and Human Behavior 9(2):p 97-103, July-December 2023. | DOI: https://doi.org/10.21088/ijlhb.2454.7107.9223.4
How Cite This Article:
Deo Narayan Singh, Prasenjeet Kumar/Tax Invoice's Clause whether an Arbitration Clause: A Reference of Bennett Coleman & Co. Ltd. Applicant v. MAD (India Pvt. Ltd)/Indian J Law Hum Behav 2023;9(2):97-103.Timeline
Received : May 22, 2023
Accepted : June 30, 2023
Published : October 30, 2023
Abstract
Arbitration Act, 1996 provides a process where conflicts between parties are sent to a third party who then settles them. The whole debate and discussions are related to the insertion of arbitration clause, and its validity. This article gives more focus on the discussion that whether the tax invoice's clause qualifies as an arbitration clause. The arbitration agreement becomes a crucial component of any agreement if the parties elect to submit their disputes to arbitration. The arbitration agreement or clause is the crucial component of the Arbitration Act, 1996 without whom there is no app/licability of the Arbitration Act as the arbitrator gets its authority from the arbitration agreement or clause. In this article, this question will be solved by the analysis of the case of Bennett Coleman & Co. Ltd. Applicant v. MAD (India) Pvt. Ltd and various other cases and by testifying it with the help of various tests propounded by the Hon’ble courts. It is hoped that the analysis under this study will help the readers, researchers, and practitioners in understanding the positionthat whether the tax invoice's clause qualifies as an arbitration clause. There remains no confusion in the mind of the above people regarding the conditions of the tax invoice's clause.
References
- 1. Bennett Coleman & Co Ltd v MAD (India) Pvt Ltd. Commercial Arbitration Application No. 211 of 2022 (Bombay High Court).
- 2. Ravi Prakash Goel v Chandra Prakash Goel. (2008) 13 SCC 667.
- 3. M/s Elite Engineering and Construction (HYD) Private Ltd v M/s Techtrans Construction India Private Ltd. Civil Appeal No. 2439 of 2018 (Supreme Court of India).
- 4. KK Modi v KN Modi. (1998) 3 SCC 573.
- 5. Salem Advocate Bar Association, Tamil Nadu v Union of India. AIR 2005 SC 3353.
- 6. Jagdish Chander v Ramesh Chander. (2007) 5 SCC 719.
- 7. Indo Wind Energy Ltd v Wescare (I) Ltd. (2010) 5 SCC 306.
- 8. Sagar Infra Ltd v Financial Tools and Hardware. IA No. 15358/2016 in CS(OS) 2341/2012 (Delhi High Court).
- 9. Concrete Additives and Chemicals v SN Engineering Services Pvt Ltd. Arbitration Application (L) No. 23207 of 2021 (Bombay High Court).
- 10. MTNL v Canara Bank. Civil Appeal Nos. 6202-6205 of 2019 (Supreme Court of India).
- 11. Scholar Publishing House Pvt Ltd v M/s Khanna Traders. ILR (2013) V Delhi 3343.
- 12. Inox Wind Ltd v Thermocables Ltd. Civil Appeal No. 19 of 2018 (Supreme Court of India).
Data Sharing Statement
There are no additional data available. All raw data and code are available upon request.
Funding
This research received no funding.
Author Contributions
All authors contributed significantly to the work and approve its publication.
Ethics Declaration
This article does not involve any human or animal subjects, and therefore does not require ethics approval.
Acknowledgements
We would like to express our gratitude to the patients, their families, and all those who have contributed to this study.
Conflicts of Interest
No conflicts of interest in this work.
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Cite this article
Deo Narayan Singh, Prasenjeet Kumar/Tax Invoice's Clause whether an Arbitration Clause: A Reference of Bennett Coleman & Co. Ltd. Applicant v. MAD (India Pvt. Ltd)/Indian J Law Hum Behav 2023;9(2):97-103.
Licence:
Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.
| Received | Accepted | Published |
|---|---|---|
| May 22, 2023 | June 30, 2023 | October 30, 2023 |
DOI: https://doi.org/10.21088/ijlhb.2454.7107.9223.4
Keywords
ArbitrationClauseTax Invoice's ClauseAgreementPartiesSearch for Similar Articles
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Timeline
| Received | May 22, 2023 |
| Accepted | June 30, 2023 |
| Published | October 30, 2023 |
licence
Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)
This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.
