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
2018 (4) TMI 917
Penalty u/s 43A of Competition Act, 2002 - Failure to notify a proposed combination as required under section 6(2) of Competition Act, 2002 - notification of acquisition of shares - Held that - Section 42 of the Act deals with contravention of the orders of the Commission. Section 43A deals with the power to impose a penalty for nonfurnishing of information on combinations. Any person or enterprise who fails to give notice under section 6(2) of t....... + More
2018 (4) TMI 916
Functions under the Competition Act, 2002 - whether there is an abuse of such dominant position under Section 4(2)(c) where the respondent could be stated to have indulged in a practice resulting in denial of market access in any manner? - Held that - It can be seen that in the facts of the case, the broadcaster, namely respondent No. 5, had a broadcast agreement which was entered into for a period of one year from 1stAugust, 2010. This was sough....... + More
2018 (4) TMI 851
Validity of Arbitral Award - award pertaining to Bank Guarantees and the amounts specified in Exhibit- GG of the Claim Petition - Refurbishment of Thermal Power Plant - termination of contract - violation of a fundamental condition of the Contract i.e. non-furnishing of a Letter of Comfort from the Power Finance Corporation as provided in Clause 5.6 of the Onshore Supply Contract - misrepresentation of the warranty contained in Clause 19.2 (vii) ....... + More
2018 (4) TMI 781
Appointment of an Arbitrator - Section 11(6) read with Section 11(9) of the Arbitration and Conciliation Act, 1996 - existence of arbitration clause in the contract - Held that - the letter dated 14.06.2010 is a part of the Contract and it shall be read and construed as an integral part of the Contract. Therefore, the contention of the respondent-Company that there does not exist any arbitration agreement between the parties is not sustainable in....... + More
2018 (4) TMI 679
Suit for specific performance of the agreement - Respondent No.2 i.e. the alleged subsequent purchaser filed an application under Order 1 Rule 10 of the Code to become a party (defendant) in the suit - it was alleged that the suit in question (specific performance of agreement) is hit by the provisions of Order 2 Rule 2 of the Code because the relief of specific performance, which is claimed in the present suit could be and ought to have been cla....... + More
2018 (4) TMI 678
Arbitration award - waiver of the right of de novo trial by conduct - the conduct of the appellant-Company amounts to waiver or not - Whether an Umpire has to hear the matter de novo on a Reference or from the stage of disagreement between the Arbitrators? - Held that - the word de novo hearing should be given a purposive interpretation and it should be understood as a fresh hearing of the matter on the basis of pleadings, evidence and documents ....... + More
2018 (4) TMI 98
Extension of interim order passed by this Court on 15.12.2017 - grant of Passports - Passports (1st Amendment) Rules, 2018 - Held that - the interim order passed on 15.12.2017 shall stand extended till the matter is finally heard and the judgment is pronounced. That apart, the directions issued in the interim order shall apply as stated in paragraphs 11 to 13 in the said order. - It is also directed that the same shall also control and govern the....... + More
Search 
