Civil Procedure Code (CPC)

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Jaipur Zila Dugdh Utpadak Sahkari Sangh Ltd & Ors Vs M/S Ajay Sales & Suppliers: Disqualification Of Arbitrator U/S 12(5) Of The Act Should Be Read As Awhole, Considering The Object And Purpose Of The Amendment

 23 September 2021

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Posted in Others |   162 hits

Anjali Rathi Vs Today Homes & Infrastructure Pvt Ltd: Moratorium Ordered U/S14 of IBC Does Not Apply To Proceedings In Respect Of Directors/Management Of Corporate Debtor, Says SC

 23 September 2021

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Posted in Others |   96 hits

Perkins Eastman Architects DPC & Anr Vs HSCC (India) Ltd (Arbitration Application No.32 of 2019): Unless The Appointment Of Arbitrator Appears To Be Valid On Its Face And The Court Is Satisfied With It, The Court Has The Power To Intervene

 23 September 2021

The Supreme Court of India determined the issue relating to the appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996. ..

Posted in Others |   85 hits

K N Rajakumar Vs V Nagarajan: Every Attempt Has To Be First Made To Revive The Concern And Make It Agoing Concern, Liquidation Being The Last Resort Under IBC Says SC

 23 September 2021

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Posted in Others |   92 hits

Nagendra Sah Vs The State Of Bihar: Ifthe Chain Of Circumstances Is Not Established By The Prosecution, The Failure Of The Accused To Discharge The Burden U/S 106 Of The Evidence Act Is Not Relevant

 22 September 2021

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Posted in Others 1 comments |   309 hits

Silence of kin not helpful

 22 September 2021

In the judgment of a case (Achyut Bhaskar Kale v. State of Maharashtra) of dowry death of a pregnant woman Sunita, while deciding three appeals including the one by State of Maharashtra on September 15,2021, Justice V.K.Jadhav and Justice Shrikant D...

Posted in Others |   214 hits

Neha @ Pooja Alizad vs.Vaibhav Kumar @ Chetan Sancheti - Jurisdiction Of A Single Judgeis Confined To Grant Relief Under Section 25 Of The Code Of Civil Procedure And He Cannot Invoke Article 142 To Dissolve Marriage By Mutual Consent In A Transfer Petition

 22 September 2021

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Posted in Others |   193 hits

The Chief General Manager (Contracts) Neyveli Lignite Corporation Ltd Vs Driplex Water Engineering Ltd And Ors: MSMEDA Being A Beneficial Legislation, A Supplier Is Indeed Entitled To Seek Recourse To The Beneficial Provision Of Statutory Arbitration

 22 September 2021

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Posted in Others |   121 hits

Salim D Agboatwala & Ors Vs Shamalji Oddhavji Thakkar & Ors: A Party Who Never Had Anotice Of Proceeding Beforeaquasi-Judicial Authority Is Entitled To Approach The Court Upon Gaining The Knowledge Of The Proceedings

 22 September 2021

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Posted in Others |   116 hits

Arcelor Mittal Nippon Steel India Ltd Vs Essar Bulk Terminal Ltd: Bar U/S 9(3) Arbitration Act Not Applicable If Application Was Taken Up By Court Before Constitution Of Arbitration Tribunal

 20 September 2021

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Posted in Others |   200 hits

Vijaykumar Bhima Dighe Vs Union Of India & Ors: Rules Prescribing Minimum Experience For Appointment Of President And Members Of State Commission And District Commission Under The Consumer Protection Rules, 2020 Is Violative Of Constitutional Principles

 20 September 2021

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Posted in Others |   161 hits

National Highways Authority Of India Vs Sayedabad Tea Company Ltd And Ors: Power To Select Arbitrator Lies With The Central Government Under The National Highway Act

 20 September 2021

In the decision, the SC allowed the appeal by ratifying the Arbitrator appointed by the CG. The case pertains to the inadequacy of compensation granted by the NHAI to the respondent landowner...

Posted in Others |   225 hits

Ebix singapore private limited vs committee of creditors of edu comp solutions limited: NCLT/NCLAT Should Strictly Adhere To IBC Timelines; Delays Cause Commercial Uncertainty, Says SC

 18 September 2021

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Posted in Others |   231 hits

Sivasankaran Vs Santhimeenal: Courts Can Grant Divorce By Exercising Its Unique Jurisdiction Under Article 142 Of The Constitution

 18 September 2021

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Posted in Others |   228 hits

State Of Rajasthan And Others Vs Basant Nahata: It Is Only The Ancillary And Procedural Powers Which Can Be Delegated And Not The Essential Legislative Functions

 16 September 2021

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Posted in Others |   368 hits

Inter Ads Exhibition Private Limited Vs Busworld International Cooperative: An Injunction U/S 9 Of The Arbitration Act Could Not Be Granted To Revive Or Restore A Contract Which Is Specifically Determinable

 16 September 2021

In this case, the High Court reiterated that relief under Section 9 of the Arbitration and Conciliation Act, cannot be granted to reverse the termination by one party in contracts that are specifically determinable in nature...

Posted in Others |   375 hits

Ratan Babulal Lath Vs State Of Karnataka: Bank Account Of A Person Accused Of Prevention Of Corruption Act Cannot Be Attached U/S 102 CrPC

 16 September 2021

In this case, the appellant had filed an application before the SC against the impugned order wherein the SC held that the PC Act cannot be attached under Section 102 Cr.PC. ..

Posted in Others |   225 hits

Delhi Airport Metro Express Pvt Ltd Vs Delhi Metro Rail Corporation: An Arbitration Award Can Be Set Aside Only When The Contravention Of A Statue Is Linked To Public Policy Or Public Interest

 15 September 2021

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Posted in Others |   391 hits

Sadique Vs State Of Madhya Pradesh: Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases, Says SC

 14 September 2021

This judgement analyses the Magistrate’s jurisdiction to extend the time of investigation. It scrutinises the first proviso in Section 43-D (2) (b) in the Unlawful Activities Prevention Act, 1967. ..

Posted in Others |   358 hits

Madhava Ramachandra Kamath Vs The Canara Banking Corporation(1940): Expulsion Of Member By Alteration In Articles Of Association Is Not Tenable

 14 September 2021

This case dealt with alteration of articles and when restrictions can be imposed on the company for alteration of articles. The Companies Act,2013 permits alteration of articles of the company subject to provisions in the Memorandum of Association. T..

Posted in Others |   219 hits






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