2018 (9) TMI 930
Constitution of an arbitral tribunal - Appointment of Sole Arbitrator - adjudication of claims of the petitioner under the Commission Processing Contract dated 11.09.2014 - Held that - Clause 15 refers to arbitration or court. Thus, there is an option and the petitioner has invoked the arbitration clause and, therefore, we have no hesitation, in the obtaining factual matrix of the case, for appointment of an arbitrator and, accordingly, Justice P....... + More
2018 (9) TMI 847
Enforceability of foreign award - award has not born stamp duty in India - whether the expression award would include a foreign award? - Arbitration and Conciliation Act, 1996 - Indian Stamp Act, 1899. - Held that - The only award that is referred to in the Indian Stamp Act, 1899 is an award that is made in the territory of British India provided that such award is not made pursuant to a reference made by an order of the Court in the course of a ....... + More
2018 (9) TMI 846
Transfer petitions - Held that - The transfer petitions are allowed - Let the records of the cases be transferred without delay - Status quo, as of today, shall be maintained in the meantime.
2018 (9) TMI 845
Smuggling - Charas - appellant s case is that there is non-compliance with Section 42 of the Act - whether Section 50(1) was required to be complied with when charas was recovered only from the bag of the appellant and no charas was found on his person? - whether the requirements of Section 50 were strictly complied with by PW-2 and PW-4? - Held that - PW-2 conducted a search of the bag of the appellant as well as of the appellant s trousers. The....... + More
2018 (9) TMI 455
Tenure of Presiding Officers Officers of Debt Recovery Tribunal (DRT) - Whether the petitioners are entitled to complete the term of five years taking advantage of the amended provision which gives such Presiding Officers to continue until attaining the age of 65 years or to continue till they reach the age of 65 years, whichever is earlier? - Whether the petitioners would be governed by Section 6 as amended or this provision is to be applied pro....... + More
2018 (8) TMI 1469
Insurance policy - Examination of Arbitration agreement - insertion of sub-section 6A in Section 11 of the Act - Arbitration and Conciliation Act, 1966 - Whether clause 7 of the subject Insurance Policy dated 5th September, 2007 posits unequivocal expression of the intention of arbitration or is hedged with a conditionality? - Held that - From the line of authorities, it is clear that the arbitration clause has to be interpreted strictly. The sub....... + More
2018 (8) TMI 1407
Settlement of matter by parties themselves - closure of matter before Court - Conviction u/s 138 of the Negotiable Instruments Act, 1881 - rigorous imprisonment for one year with amount of compensation - an affidavit has been filed by the first respondent stating that the matter has been settled at the intervention of the family members and he has no objection if appropriate orders are passed by the Court closing the matter. - Held that - Having ....... + More
2018 (8) TMI 1346
Tenure of the Chairperson and the Judicial/Administrative/Expert/Technical Members of all the Tribunals - Held that - A member of the judicial service would have ordinarily continued until the date of superannuation in the state judicial service, subject to the service rules. It would be manifestly inappropriate to adopt an interpretation as a result of which, upon assuming office as Member (Judicial) in CESTAT the officer will have a tenure whic....... + More
2018 (8) TMI 1345
Conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881 - Held that - Since the parties have settled the disputes, to do complete justice, the disputes should be given a quietus, subject to appropriate terms - these appeals are allowed and the conviction and sentence imposed on the appellant(s) is set aside.
2018 (8) TMI 1238
Hand over 8 flats and 16 parking spaces to respondent No.1/plaintiff - principles of moulding of relief - For passing such mandatory order the learned Single Judge placed reliance on the decision of this Court in Gaiv Dinshaw Irani and Others Versus Tehmtan Irani and Others 2015 (9) TMI 1066 - SUPREME COURT , holding that the Courts ought to mould the relief in accordance with the changed circumstances for trying the litigation or to do complete ....... + More
2018 (8) TMI 1115
Jurisdiction - National Stock Exchange byelaws - place of arbitration proceedings - rejection of arbitral reward - Held that - Once courts in Mumbai have exclusive jurisdiction thanks to the agreement dated 03.07.2008, read with the National Stock Exchange bye-laws, it is clear that it is the Mumbai courts and the Mumbai courts alone, before which a Section 34 application can be filed. The arbitration that was conducted at Delhi was only at a con....... + More
2018 (8) TMI 963
Whether in a criminal prosecution, it will be in consonance with the principles of justice, fair play and a fair investigation, if the informant and the investigating officer were to be the same person? - Held that - In a criminal prosecution, there is an obligation cast on the investigator not only to be fair, judicious and just during investigation, but also that the investigation on the very face of it must appear to be so, eschewing any condu....... + More
2018 (8) TMI 962
Smuggling - carrying of contraband item - Opium - Section 18 of NDPS Act, 1985 - acquittal of accused - non-compliance of Section 50 of the NDPS Act - Held that - The trial court held that the oral evidence regarding production of the case property before the Magistrate was not trustworthy and not acceptable. In the absence of the order of the Magistrate showing that the contraband seized from the accused was produced before the Magistrate, the o....... + More
2018 (8) TMI 934
Whether forfeiture of gratuity, under The Payment of Gratuity Act, 1972 (hereinafter referred to as the Act ), is automatic on dismissal from service? - Held that - There is no case for the Bank that the misconduct of the respondent-employee has caused any financial loss to the Bank, and therefore, forfeiture, taking recourse to sub-Section (6) of Section 4 of the Act, cannot be resorted to - the respondent-employee is entitled to the protection ....... + More
2018 (8) TMI 831
Eviction of the respondent-tenant - eviction on the ground that the tenant had defaulted in payment of his share of municipal tax as an occupier under the provisions of the Kolkata Municipal Corporation Act, 1980 - West Bengal Premises Tenancy Act, 1997. - Whether after the amendment of the West Bengal premises Tenancy Act by Amendment Act No. 14 of 2001 with effect from 10th July, 2001 which had incorporated sub-section (8) to Section 5 whether ....... + More
2018 (8) TMI 741
Security interest in agricultural land - Validity of proceedings under the SARFAESI Act, 2002 - applicability of act to agricultural land - Held that - The expression security interest , both before and after the amendment, excludes what is specified in Section 31. Clause (i) of Section 31 stipulates that the provisions of the Act will not be applicable to any security interest created in agricultural land. The statutory dictionary in Section 2 d....... + More
2018 (8) TMI 35
Dishonor of Cheques due to insufficiency of funds - failure to rebut the presumption that the cheque is issued in discharge of a legally enforceable debt or liability - Section 139 of the N.I. Act - Held that - Under Section 139 of the N.I. Act, once a cheque has been signed and issued in favour of the holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability - This presumption is a rebuttabl....... + More
2018 (8) TMI 34
Whether Section 34(5) of the Arbitration and Conciliation Act, 1996, inserted by Amending Act 3 of 2016 (w.e.f. 23rd October, 2015), is mandatory or directory? - Held that - It is seen that Section 34(5) does not deal with the power of the Court to condone the non-compliance thereof. It is imperative to note that the provision is procedural, the object behind which is to dispose of applications under Section 34 expeditiously - One must remember t....... + More
2018 (7) TMI 1827
Validity of Public Interest Litigation based on some newspapers reports - Held that - This petition is filed only on the basis of some newspapers reports which cannot be the basis for filing a Public Interest Litigation - petition is dismissed at this stage.
2018 (7) TMI 1426
Interpretation of Statute - Article 239AA of the Constitution - Whether the inhabitants or voters of NCT of Delhi remain where they were prior to the special status conferred on the Union Territory or the amended constitutional provision that has transformed Delhi instills Prana into the cells? - Held that - It would be fundamentally inappropriate to assign to the NCT a status similar to other Union territories. Article 239AA(4) is a special prov....... + More
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