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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: supreme court of india Page 6 of about 156 results (0.129 seconds)

Mar 29 2019 (SC)

North Western Railway Vs. M/S Bharat Spun Pipes and Construction Compa ...

Court : Supreme Court of India

..... set aside and an arbitral tribunal should again be constituted in the manner provided in terms of clause 64.12. dealing with a matter arising from the old act (the arbitration act, 1940), this court, in union of india v. m.p. gupta [(2004) 10 scc504 held that appointment of a retired judge as sole arbitrator 44 contrary to clause 64 (which requiring ..... to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41. this court has put emphasis to act on the agreed terms and to first resort to the procedure as prescribed and open for the parties to the agreement to settle differences/disputes arising under the ..... serving gazetted railway officers being appointed) was impermissible.13. the position after the new act came into force, is different, as explained by this court in northern railway admn., ministry of railway v. patel engg. co. ltd.[(2008) 10 scc240. this court held that the appointment of arbitrator(s) named in the arbitration agreement is not mandatory or a must ..... in northern railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act are kept in view. this would mean that invariably the court should first appoint the .....

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Mar 29 2019 (SC)

North Western Railway General Manager Vs. M/S Bharat Spun Pipes and Co ...

Court : Supreme Court of India

..... set aside and an arbitral tribunal should again be constituted in the manner provided in terms of clause 64.12. dealing with a matter arising from the old act (the arbitration act, 1940), this court, in union of india v. m.p. gupta [(2004) 10 scc504 held that appointment of a retired judge as sole arbitrator 44 contrary to clause 64 (which requiring ..... to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41. this court has put emphasis to act on the agreed terms and to first resort to the procedure as prescribed and open for the parties to the agreement to settle differences/disputes arising under the ..... serving gazetted railway officers being appointed) was impermissible.13. the position after the new act came into force, is different, as explained by this court in northern railway admn., ministry of railway v. patel engg. co. ltd.[(2008) 10 scc240. this court held that the appointment of arbitrator(s) named in the arbitration agreement is not mandatory or a must ..... in northern railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act are kept in view. this would mean that invariably the court should first appoint the .....

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Jan 11 2016 (SC)

M/S Sciemed Overseas Inc. Vs. Boc India Limited and Ors.

Court : Supreme Court of India

..... to be preserved and protected and at the same time the filing of irresponsible statements without any regard to accuracy has to be discouraged. it was observed by this court as follows: courts are entrusted with the powers of dispensation and adjudication of justice of the rival claims of the parties besides determining the criminal liability of the offenders for offences committed ..... line for oxygen, carbon dioxide, nitrous oxide and compressed air, etc. the work was to be executed on a turnkey basis within 150 days in the 1000 bedded departments and wards of the rims.5. responses to the notice inviting tender were submitted by the petitioner (sciemed overseas) and respondent no.1 (boc india). their tenders were processed by the rims ..... against the society. the courts are further expected to do justice quickly and impartially not being biased by any extraneous considerations. justice dispensation system would be wrecked if statutory restrictions are not imposed upon ..... learned single judge of the high court. by an order dated 14th may, 2008, the learned single judge dismissed the writ petition. while disposing of the writ petition, it was held that though the decision making process by which sciemed was declared to be qualified was improper, it could not be held that the rims had acted in an arbitrary, mala fide or .....

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Sep 24 2018 (SC)

Satluj Jal Vidyut Nigam Ltd. Vs. Raj Kumar Rajinder Singh(d)thru Lrs

Court : Supreme Court of India

..... party makes representations which he knows to be false, and injury ensues therefrom although the motive from which the representations proceeded may not have been bad. *** *** *** 23. an act of fraud on court is always viewed seriously. a collusion or conspiracy with a view to deprive the rights of the others in relation to a property would render the transaction void ab ..... distinguishable and cannot be applied to the instant case.76. learned counsel on behalf of the respondent has referred to the decision rendered in madan kishore v. major sudhir sewal, (2008) 8 scc744 wherein question arose with respect to entitlement of sub tenant to apply under section 27(4). it was held that the expression in section 27(4), such tenant ..... act. in the instant case, the order was passed in ceiling matter in the year 1980 and the adjudication order of ..... the state. in this case, the area in possession of landlord was declared 57 surplus under the pepsu act, but possession had not been taken by the state. it was held that area did not vest finally as the surplus area under the pepsu act, owing to coming into force of the new act, the ceiling area must be determined afresh under the new punjab .....

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Oct 16 2015 (SC)

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... judicial independence," bond law review: vol. 16: iss. 2, article 8. available at: http://epublications.bond.edu.au/blr/vol16/iss2/8 [695]. (1992) 2 scc428[696]. reference re supreme court act, sections 5 and 6, [2014]. 1 scr433[697]. (2014) 14 scc50[698]. paragraph 4 [699]. (1985) 1 scc641[700]. 1973 3 all er54[701]. (1975) 4 scc428[702]. (1988 ..... any amendment of this constitution made under article 368. [579]. kesavananda bharati [580]. (1977) 4 scc608paragraph 238 (seven judges bench) [581]. (1996) 7 scc1paragraph 107 (five judges bench) [582]. (2008) 6 scc1paragraph 116 (five judges bench) [583]. (2014) 10 scc1paragraph 109 (five judges bench) [584]. justice khanna refers to this conclusion in paragraph 198 in the decision rendered in indira ..... judges to the higher judiciary in fifteen countries, we consider it expedient to delve further on the subject. during the hearing of the present controversy, a paper written in november 2008, by nuno garoupa and tom ginsburg of the law school, university of chicago, came to hand. the paper bore the caption guarding the guardians: judicial councils and judicial independence ..... his article the bases of power and the power/interaction model of interpersonal influence (this article appeared in analyses of social issues and public policy, vol. 8, no.1, 2008, pp. 1-22). in addition to having dealt with various psychological reasons which influenced the personality of an individual, reference was also made to the legitimate power of reciprocity . .....

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Mar 05 2014 (FN)

Bg Group Plc Vs. Republic of Argentina

Court : US Supreme Court

..... -arbitration grievance procedure, see john wiley & sons, inc. v. livingston, 376 u. s. 543 559 (1964), the litigation requirement sends the parties to court and not just any court, but a court of the host country. the law of international arbitration and domestic contract law lead to the same conclusion: because paragraph (2)(a) of article 8 constitutes only ..... use its contract renegotiation process, taken separately or together, warrants suspending or waiving the local litigation requirement. we would not necessarily characterize these actions as rendering a domestic court-exhaustion requirement absurd and unreasonable, but at the same time we cannot say that the arbitrators conclusions are barred by the treaty. the arbitrators did not stra[y] ..... workers, 531 u. s. 57, 62 (2000) )). see also hall street associates, l. l. c. v. mattel, inc., 552 u. s. 576, 588 (2008) (on matters committed to arbitration, the federal arbitration act provides for just the limited review needed to maintain arbitration s essential virtue of resolving disputes straightaway and to prevent it from be-coming merely a ..... arbitration using the framework developed for interpreting similar provisions in ordinary contracts. under that framework, the local litigation requirement is a matter for arbitrators primarily to interpret and apply. courts should review their interpretation with deference. pp. 6 17. (a) were the treaty an ordinary contract, it would call for arbitrators primarily to interpret and to apply .....

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Jun 22 2011 (FN)

R (on the Application of Cart) (Appellant) Vs. the Upper Tribunal (Res ...

Court : UK Supreme Court

..... the upper tribunal to the court of appeal order 2008, si 2008 no 2834, art 2). equivalent provision has been made for appeals from the upper tribunal to the court of session in scotland by rule 41.59 of the act of sederunt (rules of court of session 1994) 1994 (inserted by ssi 2008 no 349). these criteria ..... are, of course, those applicable to a second-tier appeal from a court to the court of appeal in england and ..... wales under section 55(1) of the access to justice act 1999. it ..... system. in july 2004 a government white paper accepted the broad thrust of those recommendations. parliament then implemented this by enacting the tribunals, courts and enforcement act 2007 ("tcea"). a striking feature of the tribunals system created by the tcea is the creation of two tiers, a first-tier tribunal and ..... proposed by lady hale at para 60. lord dyson introduction it is common ground (and rightly so) that the tribunals, courts and enforcement act 2007 ("tcea") does not oust the court's jurisdiction to grant judicial review of unappealable decisions of the upper tribunal ("ut"). what is in issue is the scope .....

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Aug 29 2019 (SC)

Vithaldas Jagannath Khatri (D) Through Smt. Shakuntala Alias Sushmi V ...

Court : Supreme Court of India

..... transfers mentioned above were prior to 4-8-1959, it is obvious that they fell completely outside the ambit of the provisions of the act. the high court was thus not justified in presuming that the transfer made by the appellant in favour of his adopted son and the transfer by the ..... the officer 40uthorized under section 27, the maharashtra revenue tribunal or the state government. explanation. for the purpose of this section a civil court shall include a mamlatdar s court constituted under the mamlatdar s court act, 1906.(bom.ii of 1906) 51. no doubt, section 44(b) excludes pleaders, etc.. it reads as follow: section44: pleaders ..... the property being more rs.100/-, whether it was a gift or an exchange. it offended against, the provisions of transfer of property act. the first appellate court took the view that it was not a gift but a partition and the nephew was made a co-sharer. the learned judge set ..... of land. once the cut-off date is provided, it was observed that they fell completely outside the ambit of the provisions of the act and, thus, the high court would not be justified in presuming that 9 (2002) 3 scc73210 (1980) 2 scc29219 the transfers made were either collusive or fraudulent. ..... but then this court had gone on to observe that that was no reason why a construction should be put on the section which its language could hardly bear. the legislation in question in gurdit singh v. state of punjab6 was a similar one, the pepsu tenancy and agricultural lands act, 1955. it .....

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Sep 26 2018 (SC)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... proof of identity, any such pattern in itself is crucial data that could be used to predict the emergence of future choices and preferences of individuals. 449 aleksandr solzhenitsyn, cancer ward, the bodley head (1968) 337 part h these preferences could also be used to influence the decision making of the electorate in choosing candidates for electoral offices. such a practice ..... are left in every facet of human life, it will lead to a loss of privacy. the repercussions of profiling individuals were anticipated in 1966 by alexander solzhenitsyn in cancer ward 449. his views are prescient to our age: as every man goes through life he fills in a number of forms for the record, each containing a number of questions ..... focusing the discussion to the aspect whether there is sufficient data available with the respondents which may facilitate the profiling and misuse thereof or whether there are sufficient safeguards to ward off the same. in the process, we would be discussing the issues pertaining to data protection as well. at the same time, there would be some overlapping of discussion inasmuch ..... kingdom400: in addressing the question whether section 4(2)(c) of the 1985 act (as amended) was reasonably justifiable in a democratic society the supreme court drew on jurisprudence of the european court of human rights in s v the united kingdom in substance the the court asked whether 400 [2008]. echr1581293 part h to fundamental the measure rights which measure pursued a legitimate aim .....

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Aug 25 2014 (SC)

Manohar Lal Sharma Vs. the Principle Secretary and Others

Court : Supreme Court of India

..... by the ministry of power are neither disclosed nor discernible.149. in the 36th meeting, which was held on 07.12.2007-08.12.2007, 07.02.2008-08.02.2008 and 03.07.2008, the screening committee considered allocation of 23 coal blocks earmarked for non-power sector. for these 23 coal blocks earmarked for non-power sector, 674 applications were ..... mines and mineral development are linked up with the policy enunciated in section 18. (emphasis supplied by us) 63. the observations made by this court in tara prasad singh10 about interplay between the cmn act and the 1957 act with reference to the policy enunciated in section 18, in our view, apply equally to the entire legal regime articulated in the 1957 ..... in the joint venture agreements between the state psus and the private companies, mining operations have been given to private company. for example, the notice inviting offer dated 02.07.2008 issued by chhattisgarh mineral development corporation (cmdc) for selection of partner for formation of a joint venture company for exploration, development, mining and marketing of coal from coal blocks ..... done by a competitive method. it is further stated in the affidavit that the two blocks allotted for coal to liquid (ctl) projects were after inviting applications through advertisement in 2008 and that the applications received were considered by an inter-ministerial group (img) under the chairmanship of member (energy), planning commission and secretaries of department of expenditure, ministry of .....

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