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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: supreme court of india Year: 2019 Page 1 of about 19 results (0.064 seconds)

Mar 29 2019 (SC)

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

Court : Supreme Court of India

Decided on : Mar-29-2019

..... 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

Decided on : Mar-29-2019

..... 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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Aug 29 2019 (SC)

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

Court : Supreme Court of India

Decided on : Aug-29-2019

..... 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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May 08 2019 (SC)

Ssangyong Engineering and Construction Co. Ltd Vs. National Highways A ...

Court : Supreme Court of India

Decided on : May-08-2019

..... opposed to the public policy of india. 17. yet another expansion of the phrase public policy of india contained in section 34 of the 1996 act was by another judgment of this court in western geco (supra), which was explained in associate builders (supra) as follows: 28. in a recent judgment, ongc ltd. v. ..... ), insert sub- section (2a) an arbitral award arising out of arbitrations other than international commercial arbitrations, may also be set aside by the court if the court finds that the award is vitiated by patent illegality appearing on the face of the award. provided that an award shall not be set aside ..... standard oil co., 224 n.y. 99, 111, 120 n.e. 198 (1918)].. in dongwoo mann+hummel co. ltd. v. mann+hummel gmbh, [2008]. sghc67 the high court of singapore held:81. 131. in pt asuransi jasa indonesia (persero) v dexia bank sa [2007]. 1 slr597( pt asuransi jasa indonesia (persero) ), the ..... policy and is required to be adjudged void. 16. given this interpretation of the law, insofar as section 34 was concerned, this court, in dda v. r.s. sharma and co., (2008) 13 scc80 summarised the law as it stood at that point of time, as follows: 21. from the above decisions, the following ..... principles emerge: (a) an award, which is (i) contrary to substantive provisions of law; or the provisions of the arbitration and conciliation act, 1996; or (ii) .....

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Feb 05 2019 (SC)

The State of Gujarat Vs. Afroz Mohammed Hasanfatta

Court : Supreme Court of India

Decided on : Feb-05-2019

..... -respondent had mens-rea or not is not to be established at the stage of issuance of summons. in bholu ram v. state of punjab and another (2008) 9 scc140 this court held that mens rea can only be decided at the time of trial and not at the stage of issuing summons.44. having received a huge amount of ..... jain, respondent-afroz hasanfatta and his person amit @ bilal haroon gilani and therefore, the statement of prafulbhai patel would definitely fall under explanation ii of section 8 of indian evidence act which would certainly be admissible in evidence. in support of his contention, learned counsel relied upon balram prasad agrawal v. state of bihar and others (1997) 9 scc338 35. ..... respondent-accused. a reading of the statement of prafulbhai patel prima facie shows that the respondent-accused was collecting cash and sending it to prafulbhai patel through couriers and thereby acted as a conduit for the illegal transfer of cash abroad. 26 32. the learned single judge then proceeded to examine the evidentiary value of the statement of prafulbhai patel ..... 913020029778091 913020029007616 913020034680329 085005500849 085005500850 085005500828 085005500829 624605501750 31. the above statement of prafulbhai patel prima facie shows that the respondent-accused participated in the collection of cash and also acted as a facilitator for the illegal transfer of cash abroad. after extracting the statement of prafulbhai patel, the learned single judge held that the statement of prafulbhai patel no .....

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Mar 29 2019 (SC)

Union of India Vs. Parmar Construction Company

Court : Supreme Court of India

Decided on : Mar-29-2019

..... 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 Vs. M/S Anil Trading Company

Court : Supreme Court of India

Decided on : Mar-29-2019

..... 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)

Union of India Vs. M/S Rajendra Prasad Bansal

Court : Supreme Court of India

Decided on : Mar-29-2019

..... 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)

General Manager North Western Railway Vs. M/S s.k. Construction

Court : Supreme Court of India

Decided on : Mar-29-2019

..... 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)

Union of India Vs. Maya Construction Pvt. Ltd.

Court : Supreme Court of India

Decided on : Mar-29-2019

..... 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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