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Judgments and Orders

HC exercising power of appeal under a statute

 13 April 2009

it is clear that even the High Court exercising its power of appeal under a particular statute cannot exercise the constitutional power under Articles 226 or 227 of the Constitution. The position of course would be entirely different if the aggrieved..

Posted in Constitutional Law |   2120 hits

venue of arbitral procedings and arbitration clause

 11 April 2009

if the parties to a contract agree to submit the dispute arising between them to a particular jurisdiction, which would not be otherwise improper, the agreement to that extent cannot be said to be void or against public policy. In paragrapg-18 at pag..

Posted in Corporate Law 1 comments |   2907 hits

Intervenor is not a party to the arbitration proceedings

 11 April 2009

In view of the discussion with regard to questions 1 and 2 above, it becomes clear that the Intervenor has no privity of contract with NHAI. It is also clear that the Intervenor is not a party to the arbitration proceedings. Section 9 of..

Posted in Corporate Law |   3409 hits

Intervenor is not a party to the arbitration proceedings

 11 April 2009

In view of the discussion with regard to questions 1 and 2 above, it becomes clear that the Intervenor has no privity of contract with NHAI. It is also clear that the Intervenor is not a party to the arbitration proceedings. Section 9 of..

Posted in Corporate Law |   1711 hits

Arbitration Act Vs SRFAESI Act

 10 April 2009

However, as I have held that the provisions of the SRFAESI Act have overriding effect and the provisions of the Arbitration and Conciliation Act, 1996 are not applicable to the SRFAESI Act, question of referring dispute to the Arbitr..

Posted in Corporate Law |   3024 hits

Validity of foreign divorce

 10 April 2009

This is the famous judgment where the SC held that a divorce obtained from a foreign court was invalid in India unless the basis was in accordance with provisions of the Indian divorce laws and not obtained fraudulently...

Posted in Family Law |   9451 hits

Applicability of ID Act to Shops and Establishments

 08 April 2009

If the employees are 'workmen' and the management is an 'industry' as defined in the Industrial Disputes Act and the action taken by the management amounts to 'retrenchment', then the rights and liabilities of the parties are governed by provisions o..

Posted in Labour & Service Law |   13390 hits

art.285 constitution

 02 April 2009

The Food Corporation of India ("corporation" for short) is aggrieved by the judgment dated December 13, 1994,,of the Division Bench of the Punjab and Haryana High Court dismissing its writ petition challenging the order of assessment of its propertie..

Posted in Legal Documents |    hits

interpretation of arbitration act

 02 April 2009

questions relating to the construction and interpretation of section 85 of the Arbitration and Conciliation Act, 1996 (the "new Act" for short) which contains repeal and saving provision of the three Acts, namely, the Arbitration (Protocol and Conven..

Posted in Others |    hits

Second Appeal

 01 April 2009

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Posted in Civil Law |    hits

writ petitions challenging action

 01 April 2009

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Posted in Constitutional Law |    hits

appeal under Sec.374(2) of Cr.P.C.

 01 April 2009

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Posted in Criminal Law |    hits

Appeal filed under Section 173 of the Motor Vehicles Act

 01 April 2009

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Posted in Civil Law |    hits

Second Appeal

 01 April 2009

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Posted in Civil Law |    hits

Revision

 01 April 2009

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Posted in Civil Law |    hits

DISABLED EMPLOYEES PROMOTION & RESERVATION IN JOBS

 30 March 2009

All the government departments failed to make reservation in promotion to disabled employees hence soughted for court intervention..

Posted in Constitutional Law |    hits

Domestic Violence and Maintence

 30 March 2009

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Posted in Criminal Law |    hits

Wife Has no Right On Mother in Law's Property

 30 March 2009

Wife has no right on mother in law's property..

Posted in Family Law 3 comments |    hits

Maintenance to unmarried dauhter who attained majority

 30 March 2009

Maintenance to unmarried daughter who attained majority..

Posted in Family Law |    hits

Auction Sale Irregularity

 23 March 2009

C P C Ord 21 Rule 90 - Execution of Decree - Auction sale - Description of Property being sold was shown as mere land in sale proclamation with out reference to Rice Mill and Godowns existing there on - Sale Suffers from material irregularity resu..

Posted in Civil Law |    hits