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Judgments and Orders

NHAI v. Sayedabad Tea Co. Ltd. & Ors. (2009) - Special Provision Overrules General Provision

 31 December 2020

The court ordered for the appeals and set aside the judgement by HC also held that special provision overrules the general provisions...

Posted in Others |   1462 hits

Ameet Lalchand Shah v. Rishabh Enterprises (2018) - 'Matter' u/s 8 of the Arbitration & Conciliation Act

 30 December 2020

The impugned order of the HC was set aside and the appeal was allowed with all four agreements referring to arbitration...

Posted in Others |   3412 hits

Patel Engineering Ltd. v. North Eastern Electric Power Corporation (2020) - Setting aside of Arbitral Award for Patent Illegality

 30 December 2020

The petition was dismissed on the grounds that under Section 37 of the Act, the High Court considered the matter at length, and held that while interpreting the terms of the contract, no reasonable person could have arrived at a different conclusion ..

Posted in Taxation |   2138 hits

Shilpa Mittal v. State of NCT Delhi (2020) - Offences under S. 2(33) of JJ Act

 30 December 2020

The appeal was dismissed on the grounds that the issue of ambiguity in the Act needs to be addressed in the Parliament and that the Court was not in a position to alter or add anything...

Posted in Others |   5438 hits

Tarabai w/o Heera Singh Rathod v. State of Karnataka & Ors.(2020) - Default in registering FIR

 29 December 2020

The Court accepted the undertaking by the respondent and directed the respondent to clean the road in front of his police station for one week. ..

Posted in Others |   1269 hits

A. Ayyasamy v. A. Paramasivam & Ors.(2016) - Arbitrability of Fraud claims

 29 December 2020

The SC attempted to strike a balance in the considerations of arbitrability of fraud and held that while matters that involved allegations of "serious fraud" would not be arbitrable, matters that had "mere allegations" of fraud were arbitrable. ..

Posted in Others |   5892 hits

Bharat Broadband Network Ltd. v. United Telecoms Ltd. (2019) - Appointment Ineligibility of Arbitrator

 29 December 2020

The appeal was allowed and the impugned judgement was set aside. It said that since the mandate of Shri Khan having terminated, as he has become de jure unable to perform his function as an arbitrator, the High Court may appoint a substitute arbitrat..

Posted in Others |   1907 hits

Badri Singh Vinimay Pvt. v. MMTC Ltd. (2015) - Initiation of Arbitration Process

 28 December 2020

The order decreed that the petitioner failed to make any interference with an impugned award under Section 34 of the Act and it was dismissed with costs...

Posted in Others |   1081 hits

SREI Infrastructure Finance v. Tuff Drilling Pvt. Ltd. (2017) - Recommencement of Arbitration process after termination

 28 December 2020

The Court upheld the decision of the Calcutta High Court and held that the arbitral tribunal can recall the order and re-commence the proceedings after the termination of proceedings under Section 25(a) on sufficient cause being shown by the Claimant..

Posted in Others |   2486 hits

DLF Home Developers Ltd &Anr. v. Capital Greens Flat Buyers Association(2020) - Compensation to home buyers

 28 December 2020

The Supreme Court has made it clear that the directions of the NCDRC have been upheld save and except for reducing the compensation for delaying handing over flats from 7 pc to 6 pc and also declaring that the NCDRC’s direction for the refund of park..

Posted in Others |   1966 hits

Dholi SpintexPvt Ltd. v. Louis Dreyfus Company India Pvt. Ltd.(2020) - Foreign law for arbitration in India

 28 December 2020

The Court holds that Mr. Madhu Sharma is guilty of violating the undertaking before the Court. However, the Court will not be proceeding further to initiate a criminal contempt proceedings against Mr. Madhu Sharma for filing contrary affidavit before..

Posted in Others |   1549 hits

Dr. Bina Modi v. Lalit Modi & Ors.(2020) - Anti-arbitration injunction u/s 16 of Arbitration & Conciliation Act

 28 December 2020

It was held that an anti-arbitration injunction suit does not lie, making the suits not maintainable and the Court dismissed them without costs..

Posted in Others |   1174 hits

Rakesh Vaishnav & Ors. v. UOI & Ors. (2020) - Farmers can protest peacefully under Article 19(1)(b)

 21 December 2020

In the light of recent court orders in Arnab Goswami and Varavara Rao case, this court order supporting the protesting farmers is actually a breath of fresh air since the judicial institutions and extends it support to protect fundamental rights of d..

Posted in Others |   2877 hits

State of UP v. Laxmi Brahman (1983)- S.167(2) CrPC application after 1978 amendment

 21 December 2020

The appeal was allowed and the order of the High Court granting bail to the respondents on the short ground that they could not be remanded to the custody before the order committing them to the Court of Sessions is made, was set aside...

Posted in Others |   1445 hits

Brahmani River Pellets Ltd. v. Kamachi Industries Ltd.(2019) - Appoint of arbitrator u/s 11(6) of Arbitration & Conciliation Act

 21 December 2020

The impugned order of the Madras High Court was set aside and this appeal was allowed. The parties were at liberty to approach the Orissa High Court seeking for appointment of the arbitrator...

Posted in Others |   2698 hits

The 'venue' of arbitration designated in arbitration agreement between the parties is really the 'seat' of arbitral proceedings

 21 December 2020

The impugned judgment was set aside, and the Section 34 petition was ordered to be presented in the Courts in New Delhi, as was held by the learned Single Judge of the Special Commercial Court at Gurugram...

Posted in Others |   816 hits

Smt. Amravati v State of U. P. (2005) - Arrest not Necessary when FIR is Filed for Cognizable Offences

 21 December 2020

he High Court should ordinarily not direct any Subordinate Court to decide the bail application the same day, as that would be interfering with the judicial discretion of the Court hearing the bail application. However, as stated above, when the bail..

Posted in Others |   2947 hits

Ghulam Mehdi v State of Rajasthan (1960) - Absence of Notice in Bail Bond Forfeiture

 18 December 2020

Legality of the order forfeiting the bail bond given by the appellant for non-compliance of the procedure..

Posted in Others |   858 hits

UOI v. Nirala Yadav (2014) - Right of accused u/s 167(2) CrPC is Indefeasible

 18 December 2020

The Court did not find any error in the order of the high court in overturning the order, refusing bail and extending the benefit to the respondent and accordingly the appeal failed and was dismissed. ..

Posted in Others |   3083 hits

Sudhakar & Ors. v. State of U.P. (1984) - Magistrate can't postpone bail application u/s 167(2) CrPC

 18 December 2020

The court held that Magistrate violated the provisions of CrPc by postponing the hearing of application bail and allowed for the release of appellants for bail with amounts payable to the Judicial Magistrate...

Posted in Others |   838 hits







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