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Judgments and Orders

Section 8 of Arbitration and Concilation ACt

 03 December 2008

Arbitration and Conciliation Act, 1996 — Sections 8, 16, 45 and 54 — Reference to Arbitration — Judicial authority must refer the dispute which is the subject-matter of an arbitration agreement if an action is pending before him, subject to the..

Posted in Others |    hits

Rent Act

 03 December 2008

Government Companies are excluded from operation of Rent Act...

Posted in Civil Law |    hits

Termination of service

 03 December 2008

Industrial Disputes Act, 1947, Sections 25F and 2(oo)(bb) - Termination of service - Casual labour - Engaged for specified project and after completion of work project was abolished - Question of applicability of section 25F of the Act depend upon th..


Natural Justice

 03 December 2008

Criminal Procedure Code, 1973, Sections 401, 402 and 482 - Penal Code, 1860, Sections 323,342,382,386 r/w 120 B - Natural justice - Complaint agaisnt appellant alleging offence under IPC - Complaint dismissed by Magistrate - Revision filed before the..

Posted in Criminal Law |    hits

Natural Justice

 03 December 2008

Civil Procedure Code, 1908, Order 33 Rules 1,3 and 8 - Natural justice - Indigent person - Exemption from court fee - Grievance that they had no opportunity to meet the case set up by the respondents in its counter affidavit, nor did it have opport..

Posted in Civil Law |    hits

Equitable relief - Suppression of facts

 03 December 2008

Constitution of India, Article 226 and 136 - Securitization, Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 - Equitable relief - Suppression of facts - Default in payment of loan and interest by appellan..

Posted in Constitutional Law |    hits

Recovery against Guarentor

 03 December 2008

(A) State Financial Corporation Act, 1951 , Section 29 - Uttar Pradesh Public Money's Recovery of Dues Act, 1972 - Recovery citation - Against guarantor - First recovery citation issued on 3.9.1993 - Same was challenged under writ petition - Another ..

Posted in Corporate Law |    hits

Delayed Reference

 03 December 2008

Industrial Disputes Act, 1947, Sections 10 and 25F - Reference - Delayed reference - Delay of 13 years - Back wages - While upholding the direction of reinstatement, payment of back wages set aside. (Para 7 to 9)..


Recalling of order

 03 December 2008

(A) Criminal Procedure Code, 1973, Section 482 - Prevention of Food Adulteration Act, 1954, Sections 7 and 16 - Recalling of order - Inherent power - Exercise of - Conviction under 1954 Act - Appeal decided on merits and dismissed - Revision filed be..

Posted in Criminal Law |    hits

Removal

 02 December 2008

Constitution of India, Article 226 - Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations, 1971 - Removal - Conductor - Breach of trust - Quantum of punishment - Writ jurisdiction - Respondent failed to issue ticke..


Freedom Fighters Pension

 02 December 2008

Swatantrata Sainik Samman Pension Scheme, Clause 2.3 - Freedom fighters pension - First respondent was neither declared a proclaimed offender nor an award for his arrest was announced or an order of detention had been issued but could not be served -..

Posted in Constitutional Law |    hits

Freedom Fighters Pension

 02 December 2008

Swatantrata Sainik Samman Pension Scheme, Clause 2.3 - Freedom fighters pension - First respondent was neither declared a proclaimed offender nor an award for his arrest was announced or an order of detention had been issued but could not be served -..


Reservation in election

 02 December 2008

Constitution of India, Article 332(3) - Uttar Pradesh Re-organization Act, 2000, Section 22 - Election - Reservation - As per census data the population of the Scheduled Tribes is 3% of the total population of Uttaranchal and - 70 Single member terri..

Posted in Constitutional Law |    hits

Discretionary Relief

 02 December 2008

(A) Civil Procedure Code, 1908, Order 39 Rules 1 and 2 - Trade Marks Act, 1999, Sections 29 and 106 - Interim injunction - c - Appellant prior user of trade mark 'Glucon-D' and specific packaging - The term 'Glucose-D' used by respondent from the yea..


Arbitration agreement against non-parties

 29 November 2008

Arbitration agreement cannot be invoked against persons not party to the agreement ..

Posted in Corporate Law |    hits

Powers of court under S. 9 Arbitration Act

 29 November 2008

Powers of court to pass interim order under S. 9 Arbitration Act, 1996..

Posted in Corporate Law |    hits

Bona fide requirement of landlord

 29 November 2008

Rent control statute permitting eviction if landlord requires the building ``for his own use'' - Expression ``for his own use'' - Reiterated, covers requirement not only of the landlord but also his son, even if there has been a family partition duri..

Posted in Property Law 1 comments |    hits

Sections 195 and 340 of the Code of Criminal Procedure

 25 November 2008

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Posted in Criminal Law |    hits

Arbitration

 25 November 2008

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Posted in Corporate Law |    hits

Quantum of maintenance

 25 November 2008

Section 125 Cr.P.C. Quantum of maintenance..

Posted in Family Law |    hits