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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: recent Year: 2018 Page 12 of about 144 results (0.062 seconds)

Apr 09 2018 (HC)

Indian Statistical Institute vs.a2z Constructions

Court : Delhi

Decided on : Apr-09-2018

..... radhakrishnan. as i have noted earlier, that was a case where the appellant who had filed an application under section 8 faced with a suit on a dispute in partnership had raised serious issues of criminal wrongdoing, misappropriation of funds and malpractice on the part of the respondent. it was in this background that this court accepted the submission of ..... at has no jurisdiction in the instant case.26. it is hereby ordered that the arbitral tribunal has no jurisdiction in the aforesaid matter of arbitration between the claimant indian statistical institute and the respondent m/s a2z constructions. i may look at the legal position regarding the power of the arbitrator to hold the arbitration proceedings are not ..... n.radhakrishnan v. maestro engineers, (2010) 1 scc72seeking relief from the learned arbitrator to dismiss the arbitration case in terms of the section 16 of the arbitration and conciliation act.13. the learned arbitrator allowed the said application of the respondent holding that the learned arbitral tribunal has no jurisdiction to adjudicate upon the disputes. a perusal of the ..... thereof, shall be referred to the sole arbitration of the person appointed by the head- indian statistical institute. the arbitrator to whom the matter is originally referred, being unwilling or unable to act for any reason, head-indian statistical institute, delhi centre shall appoint another person to act as arbitrator in accordance with the terms of the contract. such person shall be entitled .....

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Apr 09 2018 (HC)

Atlanta Limited vs.uoi and Anr.

Court : Delhi

Decided on : Apr-09-2018

..... in short) and impugns it as arbitrary.2. the facts in brief are that the petitioner is incorporated under the companies act, 1956, and has a diversified work portfolio: engineering, procurement, construction (epc) & realty, involved in executing public private partnership (ppp) infrastructure development projects. the petitioner responded to a tender taken out by nhai for construction, operation and maintenance ..... engineer (pwd) ernakulam, (1978) 3 scc36and raghunath thakur vs. state of bihar & ors.(1989) 1 scc229 in a decision of the division bench of this court, in indian oil corporation ltd v. sps engineering ltd 128 (2006) dlt417(db) the judgment of a learned single judge was upheld. the court ruled that where disputes were pending inter parties ..... the parties and the petitioner has recourse to an alternate dispute resolution mechanism, and granted liberty to the petitioner to appropriate remedies including under the arbitration and conciliation act, 1996 ( arbitration act ). the learned single judge?s order was unsuccessfully appealed to the division bench of this court, which dismissed the letters patent appeal on 03.11.2017, ..... ground that the contract stood terminated on 15.09.2017 and that writ proceedings were not maintainable. the... petitioner thereafter filed a petition under section 9 of the arbitration act in omp (i)(comm) no.456/2017, seeking interim reliefs inter-alia to protect the bid security bank guarantees from being improperly/fraudulently invoked by nhai. that .....

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Apr 03 2018 (HC)

India Affordable Housing Solutions (Iahs) & Anr vs.konark Infra Devel ...

Court : Delhi

Decided on : Apr-03-2018

..... kuldeepak mittal ia no.10345/2014 in cs (os) no.82/2014 page 8 of 13 to the applicants. it was under this understanding the partnership firm, iahs came into being. ii) the plaintiff in order to compensate the applicants and per mr.kuldeepak mittal's representation to the applicants that he ..... units to gowo for officers/employees of central/state government and excess capacity to the general public thereafter. (d) both parties agree to honour this equal partnership in letter and spirit and shall not cause any breach of trust whatsoever. (e) konark will get bank loan approved for home loans. ia no ..... scc595 yash chhabra vs. maya jain 2015 (151) drj316that an oral plea to contradict written agreement is not tenable in terms of section 91 of the indian evidence act, 1872. since all the above pleas/ allegations qua claim of 7 crores of the defendants is against the mou/settlement dated 29.01.2015, hence ..... approached gurugram police for same cause of action and filed a criminal case against applicants and fir was registered under section 420 & 406 of the ipc. the applicants filed petitions under section 482 of the criminal procedure code being criminal misc nos.m-28272/2011 and m-16139/2012. the fir was quashed ..... was to be adjusted by the defendant no.1 against the cost of such flats. the fir no.192/2011 was also registered under sectionsof the indian penal code at police station khekri dhola, gurugram, haryana; k) the plaintiff issued a demand notice dated 10.12.2010 which was duly received .....

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Mar 20 2018 (HC)

Mahender Singh @ Mota vs.state

Court : Delhi

Decided on : Mar-20-2018

..... accused persons and pw-14 used to sit in the evening and have liquor and drugs . it also emerged that pw-14 was, in fact, running a private ambulance in partnership with the rml hospital. he also was having acquaintance with the police people as well . pw-14 informed pw-17 that the two accused had made an extra-judicial confession ..... .a. 1042/2014 and 1316/2014 page 1 of 14 fir no.254/2011 registered at police station ( ps?) mandir marg convicting the two appellants under sections 3of the indian penal code ( ipc?) and the order and sentence dated 17th february, 2014 whereby each of them were sentenced to undergo the rigorous imprisonment ( ri?) for life and to pay a fine of ..... the blow on the head of the deceased with the same iron rod. in these circumstances, there is no scope for application of any of the exceptions under section 300 ipc or even otherwise viewing the offence as culpable homicide not amounting to murder.39. the impugned judgement of the trial court convicting the two appellants for the offences under section ..... find out whether there are other cogent circumstances on record to support it. 29. the court further noted that: 10. cases may arise where the judge is not prepared to act on the other evidence as it stands even though, if believed, it would be sufficient to sustain a conviction. in such an event, the judge may call in aid the .....

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Mar 20 2018 (HC)

Rahul Alias Batola vs.state

Court : Delhi

Decided on : Mar-20-2018

..... accused persons and pw-14 used to sit in the evening and have liquor and drugs . it also emerged that pw-14 was, in fact, running a private ambulance in partnership with the rml hospital. he also was having acquaintance with the police people as well . pw-14 informed pw-17 that the two accused had made an extra-judicial confession ..... .a. 1042/2014 and 1316/2014 page 1 of 14 fir no.254/2011 registered at police station ( ps?) mandir marg convicting the two appellants under sections 3of the indian penal code ( ipc?) and the order and sentence dated 17th february, 2014 whereby each of them were sentenced to undergo the rigorous imprisonment ( ri?) for life and to pay a fine of ..... the blow on the head of the deceased with the same iron rod. in these circumstances, there is no scope for application of any of the exceptions under section 300 ipc or even otherwise viewing the offence as culpable homicide not amounting to murder.39. the impugned judgement of the trial court convicting the two appellants for the offences under section ..... find out whether there are other cogent circumstances on record to support it. 29. the court further noted that: 10. cases may arise where the judge is not prepared to act on the other evidence as it stands even though, if believed, it would be sufficient to sustain a conviction. in such an event, the judge may call in aid the .....

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Mar 19 2018 (HC)

Jyoti Gupta vs.kewalsons & Ors.

Court : Delhi

Decided on : Mar-19-2018

..... ?. arb. p. 599/2017 page 9 11. the supreme court noted section 40 of the arbitration act, 1999 and sections 46, 47 and 48 of the indian partnership act. section 40(1) of the arbitration act, 1999 sets out that an arbitration agreement shall not be discharged by the death of any party thereto either as respects the ..... event be enforceable by or against the legal representative of the deceased. after considering the provisions of the indian partnership act and section 40 of the arbitration act, 1999 and also noticing the definition of legal representative in section 2(1)(g) of the arbitration act, the court held as under: 21. the definition of legal representative became necessary because such representatives are ..... act, 1999, the petitioner is entitled to claim appointment of arbitrator under the arbitration clause of the partnership deed and the hon'ble chief justice of the allahabad high court has erred in overlooking these provisions ..... entitled to invoke arbitration clause contained in the partnership deed?. (b) whether the arbitration can be commenced by the heirs after the death of partner especially where the dispute had arisen already during the lifetime of the partner?. (c) whether in view of section 46 read with section 48 of the indian partnership act as well as section 40 of the arbitration .....

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Mar 13 2018 (SC)

Bar Council of India Vs. A.k. Balaji .

Court : Supreme Court of India

Decided on : Mar-13-2018

..... respondent stated that it does not have any office in india and does not practice law in india. it only advises on non indian law. respondent nos.19, 26, 39 and 40 stated that they are limited law partnerships under laws of england. they do not have any law office in india. respondents nos.20, 21, 24, 25, 27, 28, 30, 31 ..... or union of india are at liberty to make appropriate rules in this regard. we may, however, make it clear that the contention that the advocates act applies only if a person is practicing indian law cannot be accepted. conversely, plea that a foreign lawyer is entitled to practice foreign law in india without subjecting himself to the regulatory mechanism of the ..... non-lawyers for conducting legal practice is not permitted. in u.k., section 66 of the courts and legal services act, 1990 expressly permits solicitors and barristers to enter into partnerships with non-solicitors and non-barristers. consideration of the issues37 we have considered the rival submissions. questions for consideration mainly arise out of directions in para 63 of the madras ..... other foreign nations except on fulfilling onerous restrictions like qualifying tests, 4 experience, work permit. foreign lawyers cannot be allowed to practice in india without reciprocity.7. under the advocates act (the act), a foreigner is not entitled to practice in india in view of bar contained in section 29. however, under the guise of lpos (legal process outsourcing), conducting seminars and .....

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Mar 12 2018 (HC)

Lucknow Medical Agencies vs.arjun Lal & Ors.

Court : Delhi

Decided on : Mar-12-2018

..... the course of arguments. the suit for damages is instituted by the plaintiff partnership firm through its partner. issue no.4 is, therefore, decided in favour of the plaintiff and against the defendants." 13. section 41 of the indian contract act,1872 provides that if a person who is entitled to a particular amount ..... 14 appellant/plaintiff has been compensated for his loss by receiving the amount under the insurance policy, the principle contained in section 41 of the indian contract act if not the section itself, will come into play and therefore the trial court has committed no illegality in observing in para 10 of the ..... person when this amount is received from a third person, then the liability of the promisor under the contract stands discharged. section 41 of the indian contract act has also been relied upon by the supreme court in the judgment in the case of lala kapur chand godha and others vs. mir nawab ..... have been liable to compensate the plaintiff for the loss and injury occasioned due to negligence of the defendant no.1. a tort consists of some act done by a person which causes injury to another towards compensation of which damages may be claimed against the tortfeaser. tortuous liability arises from breach ..... rfa no.244/2018 page 10 of 14 no:1. the plaintiff has failed to prove that it is defendant no.1 who is responsible by its acts and omissions for fire breaking out in the suit premises situated at 60-a, central market, lajpat nagar, new delhi. issue no.1 is, therefore .....

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Mar 09 2018 (HC)

Cadila Healthcare Limited and Anr. Vs.competition Commission of India ...

Court : Delhi

Decided on : Mar-09-2018

..... respondent no.1 cci has completely disregarded the fact that these individuals are abusing the process of law and using the form of a partnership firm to play around the jurisdiction of the respondent no.1 cci without any regard to the truth and fair play. in the ..... investigation. if the investigation process is to be restricted in the manner projected by the appellants, it would defeat the very purpose of the act which is to prevent practices having appreciable adverse effect on the competition. we, therefore, reject this argument of the appellants as well touching ..... that in the absence of a determination by respondent cci that the company has committed contravention of any of the provisions of the competition act or any rule, regulation etc., proceedings against officers or executives of such a company cannot be initiated. according to him, the conclusion ..... by res judicata/double jeopardy.13. one of the submissions of mr. krishnan venugopal was initiation of proceedings under section 48 of the act at preliminary stage is erroneous. in this regard, he would state, initiation and continuance of the proceedings under section 48 against petitioners officers ..... commission. proposition: order obtained by suppression/fraud not sustainable in law case law: indian bank v. satyam fibre (india) pvt. ltd. (1996) 5 scc550 proposition: facts taken as alleged do not constitute a contravention of competition act-no vertical/horizontal relationship case law: (i) shri norbert lobo v. citibank n .....

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Mar 08 2018 (HC)

Vinod Kumar & Ors. Vs.bohat Ram & Anr.

Court : Delhi

Decided on : Mar-08-2018

..... favour of sushant adlakha. thereafter plaintiff s evidence was closed.8. defendant also examined 9 witnesses in its support. dw1 ashok kumar proved the registration of the partnership firm m/s. ram kishan band. the certified copy of form a & b are ex.dw1/a and dw1/b. dw2 sanjay kumar was summoned for ..... challenge to the survey report moreover the said document is a document which is 30 year old document and as per upheld section 90 of the indian evidence act there is a presumption in favour of such documents. the said document clearly shows that m/s. ram kishan band and tilak raj are the ..... village titar pur and which document was over 30 years old and thus presumption had to be validly drawn in terms of section 90 of the indian evidence act, 1872. trial court has rfa no.221/2018 page 6 of 12 also referred to the fact that in the eviction petition filed by the respondent ..... .1/plaintiff. accordingly argument of the appellants/defendants to claim ownership of the suit property on the basis of section 8 of the delhi land reforms act is rejected.12. no other argument or issues were urged on behalf of the appellants/defendants before this court. this is noted inasmuch as the trial ..... tenants in wz-5. defendants also admits that ram kishan band was working from the said property as they have examined dw1 to prove the registered certificate of the partnership .....

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