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..
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..
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..
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..
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..
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...
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..
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..
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..
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All the government departments failed to make reservation in promotion to disabled employees hence soughted for court intervention..
Wife has no right on mother in law's property..
Maintenance to unmarried daughter who attained majority..
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..