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Others Judiciary

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 |   1530 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 |   868 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 |   1956 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 |   1594 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 |   1325 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 |   973 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 |   2614 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 |   1232 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 |   2464 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 |   649 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 |   2514 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 |   704 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 |   2606 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 |   711 hits

Ramesh Kumar Ravi v. State of Bihar (1988) - Physical Production of Accused for Remand

 18 December 2020

In the light of the above, the stand of the respondent state by way of preliminary objection was sustained and it as held that the present writ jurisdiction case seeking primarily the quashing of the judicial order of the Chief Judicial Magistrate an..

Posted in Others |   1327 hits

State of Gujarat v. Girish Radhakrishnan Varde (2014) - Correct Stage of Addition of Sections to Chargesheet

 18 December 2020

The Court held disposed the appeal by observing and clarifying the order of the High Court to the extent that the appellant State of Gujarat shall be at liberty to raise all questions relating to additions of the Sections on the basis of the FIR...

Posted in Others |   2277 hits

Sundeep Kumar Bafna v. State of Mahrashtra & Anr (2014) - Power of High Court & Sessions Court u/s 439 CrPC

 18 December 2020

The Single Judge erred in law in holding that he was devoid of jurisdiction so far as the application presented to him by the Appellant. The impugned Order was thus set aside. The appeal is allowed with terms...

Posted in Others |   4005 hits

Smt. Reena v. State of Uttarakhand (2016) - When to arrest & give bail?

 18 December 2020

The Court released the accused/applicant on the bail on furnishing her personal bond and two sureties of like amount to the satisfaction of learned A.C.J.M. Roorkee. Bail application stood allowed accordingly...

Posted in Others |   834 hits

Sayed Mohd. Ahmed Kazmi v. State, GNCTD & Ors. (2012) - Statutory Bail Right not Affected by Subsequent Application

 17 December 2020

These appeals arise out the judgment and orders dated 2nd July, 2012, 6th July, 2012 and 6th August, 2012, passed by the Delhi High Court in Crl. M.C. No.2180 of 2012...

Posted in Others |   664 hits

Jogendra Nahak v. State of Orissa & Ors. (1999) - Recording of Examination u/s 164 CrPC

 17 December 2020

All and sundry cannot approach the magistrate for recording of their statement u/s 164 and any witness, unsponsored by the IO/prosecution, cannot seek to get his examination recorded u/s 164 Cr.P.C...

Posted in Others |   2898 hits







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