2018 (7) TMI 1137
Whether the Division Bench was right in setting aside the letter dated 13.03.2013 of IOC which terminated the respondent s dealership and was, therefore, justified in issuing a mandamus against the IOC to restore the dealership of the respondent herein and resume supply of fuel to his fuel station? - Held that - The Division Bench was not justified in doing so - reconsideration of the respondent s case as to whether his dealership should be resto....... + More
2018 (7) TMI 1136
Confusion with regard to the age of superannuation - petitioner submits that certain positions in the National Consumer Disputes Redressal Commission (NCDRC) have not yet been filled up though vacancies are there - Held that - There is some confusion with regard to the Income Tax Appellate Tribunal (ITAT) as regards the age of superannuation - It is clarified that the person selected as Member of the ITAT will continue till the age of 62 years an....... + More
2018 (7) TMI 924
There is no ground to interfere with the order framing charge - the trial court is directed to proceed with the matter pending before it........ + More
2018 (7) TMI 101
Validity of Conviction order set aside by High Court - dishonor of cheque due to insufficiency of funds - Section 138 of the Negotiable Instruments Act, 1881 - rebutting of presumption - High Court held that the accused has been successful in creating doubt in the mind of the Court with regard to the existence of the debt or liability - Held that - The trial court after considering the evidence on record has returned the finding that the cheque w....... + More
2018 (7) TMI 32
Application of anticipatory bail - limitations under Section 37 of the NDPS Act - Held that - Under Section 37 of the NDPS Act, when a person is accused of an offence punishable under Section 19 or 24 or 27A and also for offences involving commercial quantity, he shall not be released on bail unless the Public Prosecutor has been given an opportunity to oppose the application for such release, and in case a Public Prosecutor opposes the applicati....... + More
2018 (6) TMI 903
Jurisdiction - appropriate forum to decide the issues concerning the mortgaged/secured property - Restrain the Bank from proceeding with the auction of the subject flat stood - Held that - Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, clearly bars filing of a civil suit - For, no civil court can exercise jurisdiction to entertain any suit or proceeding in respect of any mat....... + More
2018 (5) TMI 1368
Partition and separate possession of suit properties - concept of ancestral property - whether the appellants were entitled to claim partition in ancestral property in view of the amendment in the Hindu Succession Act, 1956 by adding Section 29-A vide Chapter II-A under the heading of Succession by Survivorship? - Held that - On a plain reading of the newly added provision i.e., Section 29-A of the Act, it is evident that, inter-alia, daughter of....... + More
2018 (5) TMI 1140
Non-compliance with pre-deposit - whether the order of the National Company Law Appellate Tribunal dismissing the main appeal itself of the appellant herein for non-compliance of the direction to deposit the amount as a condition for grant of stay, is justified and legal? - section 53B of the Competition Act, 2002. - Held that - provisions of Section 53B of the Act confers a right upon any of the aggrieved parties mentioned therein to prefer an a....... + More
2018 (5) TMI 726
Restructuring of Tribunal System - Separation of powers and independence of judiciary. - Held that - We broadly approve the concept of having an effective and autonomous oversight body for all the Tribunals with such exceptions as may be inevitable. Such body should be responsible for recruitments and oversight of functioning of members of the Tribunals. Regular cadre for Tribunals may be necessary. - Learned amicus suggests setting up of all Ind....... + More
2018 (5) TMI 680
Reference for arbitration - Maintainability of application - Section 8 of the Arbitration and Conciliation Act, 1996 - application dismissed on the ground that the agreements between the parties are not inter-connected with the principal agreement dated 05.03.2012 and therefore, the parties cannot be referred to arbitration. - Held that - Since all the three agreements of Rishabh with Juwi India and Astonfield had the purpose of commissioning the....... + More
2018 (5) TMI 414
Whether the Award of the arbitrator and the findings of the High Court are contrary to the express provision of Clause 19, according to which no escalation is permissible to the contractor for, inter alia, increase in wages of labour due to statutory hike, which the contractor may have to incur during the execution of the work on any account? - Held that - On a plain reading of Clause 6.3 read with Clause 19, it is evident that it was particularl....... + More
2018 (5) TMI 328
Rejection of arbitration application - Section 8 of the Arbitration and Conciliation Act, 1996 - Trial Court rejected said application holding that there was no reference as to who should be the arbitrator, that there was no mention about selection of the arbitrator and that the dispute did not form subject matter of agreement within the meaning of Section 8 of 1996 Act. - Held that - In the present case though the Partnership Agreement was enter....... + More
2018 (5) TMI 327
Compensation of damages occurred due to Cyclone - appellant failed to settle the claim of respondent (insured) - case referred to the arbitrator - Held that - In the instant case, Clause 13 categorically lays the postulate that if the insurer has disputed or not accepted the liability, no difference or dispute shall be referred to arbitration. The thrust of the matter is whether the insurer has disputed or not accepted the liability under or in r....... + More
2018 (5) TMI 326
Jurisdiction - International commercial arbitration proceeding - According to the respondent, the Indian Courts have no jurisdiction to entertain the appellant s application filed under Section 34 of the Act to challenge the legality and correctness of an award - Held that - this is a fit case to exercise our power under Order VI Rule 2 of the Supreme Court Rules, 2013 and refer this case (appeal ) to be dealt with by the larger Bench of this Cou....... + More
2018 (5) TMI 325
Maintainability of appeal - time limitation - whether the Tribunal was justified in dismissing the appellants appeals as being barred by time and was justified in holding that there was no sufficient cause for condoning the delay in filing the appeals? - Held that - The limitation to file an appeal before the Tribunal is 45 days from the date of the service of the order as prescribed under SAFEMA. However, if the appeal is filed beyond the period....... + More
2018 (5) TMI 224
Maintainability of petition - petitioner having withdrawn earlier writ petition without any leave - Held that - It is fairly clear that the petition was withdrawn only on account of the pendency of the appeal. Apparently, that is why the High Court has, in fact, not dismissed the petition; it has only disposed it of - It appears that the prayer challenging the subsequent order passed in appeal was not brought to the notice of the High Court - pet....... + More
2018 (5) TMI 121
Smuggling - prohibited goods - cannabis mixture weighing about 18.85 kgs - absence of independent witnesses - Held that - the grounds on which the High Court have reversed the findings of conviction of the accused-respondents ought not to be accepted - no suggestion was given to the witnesses (PWs 12 and 13) who had taken the samples to the laboratory that the contraband parcel has been tampered with. PW-16, who had chemically examined the contra....... + More
2018 (5) TMI 120
Preserving of case property - case of respondent is that the case property was destroyed under the provisions of the Act and the inventory and photographs were submitted during trial which form primary evidence under the Act - Held that - The contraband stuff as also the samples sealed as usual were handed over physically to the Investigating Officer Harvinder Singh (PW 6). Also the trial Court in its judgment specifically passed instructions to ....... + More
2018 (4) TMI 1341
Deposit of earnest money - relevant time - auction - from which date the period of fifteen days would start for making the deposit of remaining 75 percent; from the date of communication of confirmation of sale or from the date of the auction? - Held that - Rule 9(2) makes it clear that after confirmation by the secured creditor the amount has to be deposited. Rule 9(3) also makes it clear that period of fifteen days has to be computed from the d....... + More
2018 (4) TMI 977
Penalty u/s 43A of the Competition Act, 2002 - noncompliance of provisions contained in section 6(2) of the Act - notification of various transactions. - Held that - Once a particular transaction or a series of transactions falls within the purview of combination, it is obligatory to report the same to the Commission under section 6 of the Act - Section 6 (2) makes it clear that no combination shall come into effect until 210 days have elapsed fr....... + More
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