M P Jain & Ors vs. N M Patel & Ors (1970)
cpc mh_cet_law intermediate real_caseThis case is a classic example of how an arbitration clause can make or break a dispute. In this case, the arbitration clause mentioned in the share purchase agreement was not made applicable to the parties. The court said arbitration can only be initiated if both parties are in agreement, or if the arbitration clause is made applicable to them. This judgment is important for us as law students because it shows how the courts view contracts and agreements in Maharashtra, which we might encounter in our exams. The community's take on this judgment? Do you think the courts should've considered the intention of the parties instead of just following the letter of the law? Agree or disagree with the judgment.
2 Comments
Hey, great question!
In M P Jain & Ors vs. N M Patel & Ors (1970), the SC held that a company is an artificial person and cannot be a member of a partnership. I TOTALLY AGREE with this decision. It makes sense, as a company is not a living being and can't enter into a partnership. Kudos to the SC for setting this precedent!
Mujhe lagta hai ki jo SC ne kiya usmein bahut kuch galat tha. Unhone kaha ki jo shamil hon ya nahin, ye court ke paas hai. Lekin aajkal humare paas jo kuch bhi ho raha hai, yeh humare baare mein koi information kiye bina ho raha hai. To maine yeh judh mein kuch aur points add kiye, jiska reference mil sakta hai.