Court : Delhi
Reported in : 2007(4)ARBLR499(Delhi)
..... entitled to the claim for default on the part of the judgment debtor in terms of clause 23 (c) of the contract act.25. the provisions of section 48 of the said act provide for interference by the court where decision in a matter is beyond the scope of the arbitration or the award is contrary to the public policy of ..... to the fundamental policy of indian law, interest of india, justice or morality, is patently illegal or is so unfair and unreasonable that it shocks the conscience of the court. however, illegality of a trivial nature was held liable to be ignored. the fundamental policy of indian law is that law of land must be obeyed. the law of ..... . so long as the conclusion arrived at by the arbitral tribunal is a plausible conclusion, though possibly not the only conclusion, no interference is called for by the court.17. it has to be simultaneously emphasized that the undisputed legal position is that the arbitrator is a creature of the contract between the parties and thus has to ..... if an application for the setting aside or suspension of the award has been made to a competent authority referred to in clause (e) of sub-section (1) the court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, ..... to record his statement on oath when he should come with all the material in respect of the assets of the judgment debtor.(3) list on 21.01.2008 in the category of short matters. .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(1)ALLMR277; 2008(1)BomCR602; (2007)109BOMLR2701; (2008)IILLJ1037Bom
..... amounted to the commission of unfair labour practice by the appellant as per schedule iv item 1 (a), (b), (d) and (f) of the maharashtra act (mrtu & pulp act, 1971. while dealing with the issue the supreme court has held as under:39. it has to be kept in view that the present proceedings arise out of a complaint filed by the respondent ..... shockingly disproportionate punishment. mr. singh, therefore, submitted that the learned single judge was right in holding that the case of termination should be tried by labour court as contemplated under section 7 of the mrtu & pulp act and the complaint will have to be filed under item 1 of schedule iv and item 9 cannot be invoked for the said purpose. the ..... of the case and that as it was the case of termination it will fall under item 1 of schedule iv of the mrtu & pulp act. it was, therefore, submitted that the decision rendered by the supreme court in the case of s.g. chemicals and dyes trading employees union and s.g. chemicals and dyes trading limited and anr. : (1986)illj490sc ..... misdirected itself while coming to the conclusion. 11. the points which arise for our determination are whether the complaint as preferred and filed before the industrial court under item 9 of schedule iv of the mrtu & pulp act, 1971 was maintainable or not and whether the complainants had been able to establish that the provisions of section 25o of the industrial disputes .....Tag this Judgment!
Court : Chennai
Reported in : II(2008)BC699
..... be held that notice to the firm will amount to notice to the partners and vice-versa.20. therefore, in the considered view of this court the contention of the learned counsel appearing for the petitioner merits acceptance and the contention of the learned counsel appearing for the respondent is liable ..... 2 ors. v. shasun chemicals and drugs ltd. (supra), the decision in girish chandra pandey v. kanhaiyalal chandak (supra), of the calcutta high court cannot be relied upon.19. it is pertinent to point out that admittedly the notice sent to the firm and other partners namely a1 and a2 were ..... drawer. only when that process fails, the cause of action, as envisaged in section 138, would arise against them, to enable the complainant to approach the court, within the stipulated time so. the starting of the process is, the service of notice on the persons, who represent the company, the drawer of the ..... the learned counsel appearing for the petitioner relied upon the following decisions, viz.:(i) b. raman and 2 ors. v. shasun chemicals and drugs ltd. ii (2008) bc 83 : ii (2008) clt 91 : 2006(2) lw (cri.) 775 (db).(ii) poppys spinning mills (p) ltd. v. c. visalakshi and anr. .9. in the ..... and it was placed before the court, but without rectifying the defect what was found in the notice issued to the opposite party. but, this would not satisfy the legal requirements. the legislative intent of a notice in a proceeding under section 138 of the negotiable instruments act is making the opposite party .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(1)BomCR803; (2008)110BOMLR56; 2008(1)MhLj710
..... eligible, have been given the employment and those eligible have remained unemployed can be conveniently mitigated and injustice done to them on this ground can be undone by what this court proposes.18. in the result, we make the rule partly absolute and issue directions to the respondents as follows:[a] the respondent nos. 5 and 6 shall prepare and ..... publish on 15th february, 2008 on notice board the list of eligible candidates from amongst the persons whose lands were acquired for durgapur super thermal power station and who are eligible considering the eligibility criteria ..... very narrow compass which can be described as follows:[a] the rights, which the petitioners are claiming, are emerging from statutory rules framed under section 48 of the electricity supply act, 1948, i.e., regulation 79 [c] [k] of the maharashtra state electricity [classification & recruitment] regulations, 1961.[b] the opportunity of employment applied only to grade-iii and grade- ..... in the classification and recruitment regulations, 1961 formulated by the board in exercise of power conferred under section 29[c] and [k] read with section 15 of the electricity supply act, 1948 named mseb classification & recruitment regulations, 1961.3. appendix 'f' to the recruitment regulations deals with the employment of the land affected persons and provides for guidelines to be .....Tag this Judgment!
Court : Gujarat
Reported in : [2008(118)FLR56]; (2008)IIILLJ746Guj
..... of the bank, which would cause prejudice to the bank's interest.13. with the above factual scenario, if the latest decision of the apex court in the case of karan singh v. executive engineer, haryana state marketing board, as relied upon by learned advocate, mr. mishra, is considered, ..... of the respondent-bank. mr. parikh submitted that when the learned single judge has considered all these aspects and has dismissed the petition, this court may not exercise its appellate powers under letters patent and may dismiss the appeal.7. we have taken into consideration rival side submissions. there is ..... shah v. employees' state insurance scheme 2001-ii-llj-944 (guj), karan singh v. executive engineer, haryana state marketing board and an unreported decision of this court (coram: r.k. abichandani & k.m. mehta, jj. (as they then were)) in letters patent appeal no. 1031/1996 dated november 10,2003.6 ..... which no reasonable explanation is coming. the dispute being stale, it cannot be a subject matter of reference under section 10 of the industrial disputes act.11. again, here, in our view, the two grounds which have weighed with the government are independent of each other. assuming that the ..... learned single judge also observed that the order of the appropriate government under section 10 of the act was an administrative order and not a judicial or quasi-judicial one and the scope of examination by the court, therefore, would be restricted. it was also observed that no right of the petitioner was .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR2008P& H77; (2008)149PLR1; 2008(3)AIRKarR196(FB); 2008AIHC1888(P&H)(FB)
..... interest transferred to the mortgagee has been extinguished:provided that the right conferred by this section has not been extinguished by the act of the parties or by decree of a court. (emphasis supplied)xxx xxx xxx62. right of usufructuary mortgagor to recover possessionin the case of a usufructuary mortgage, the mortgagor ..... mortgage money, the right to redeem would accrue immediately on execution of the mortgage deed. but said observation is orbiter inasmuch as hon'ble supreme court has allowed the appeal of the mortgagor for redemption while holding that there is acknowledgment. therefore, the said judgment provides little assistance to the mortgagees. ..... in panchanan sharma v. basudeo prasad jaganani and ors. 1995 h.r.r. 575. consequently, this appeal being without any merit shall stand dismissed.this court has relied upon panchanan sharma's case (supra) and distinguished state of punjab v. ram rakha : air1997sc2151 and held that usufructuary mortgage is always redeemable. ..... not applicable to the states of punjab and haryana. sections 54, 107 and 123 of the act were extended to the then state of punjab with effect from 1.4.1955 and to the pepsu area of the state of punjab with effect from 15.5.1957. section 59 was extended to ..... whole of punjab with effect from 10.6.1968. section 58(g) of the act, has been extended to district headquarters in the state .....Tag this Judgment!
Court : Kerala
Reported in : 2008CriLJ1305
..... 2007 cri lj 3729. even though a different note has been struck in a two-judge bench decision of the supreme court in rajinder singh kotoch v. chandigarh administration 2007 (4) klt 877 : 2008 cri lj 356 (sc) conceding to the officer-in-charge of a police station the freedom to conduct a preliminary enquiry ..... vested in the state and by permitting him to cut trees from the said land, an offence punishable under section 84 of the kerala forest act was committed. savy mano mathew had already cut trees from the land in question and the forest department had also registered cases against him. so ..... any. any person who trespasses upon reserved forest and cuts or fells any trees therefrom clearly contravenes section 27(1)(e)(iii) of the kerala forest act, 1961 and punishable with imprisonment for a term which may extent to 5 years and with fine which may extent to rs. 5,000/ - in ..... me:even if the entire 268.872 hectares of land have vested in the state under the ecologically fragile ordinance which was subsequently replaced by an act of the legislature, when the land includes an estate in which about 350 workers are employed, the labour minister was only requesting the forest minister ..... (vesting and management of ecologically fragile land) ordinance 6 of 2000 which was subsequently replaced by the kerala forest (vesting and management of ecologically fragile) act, 2003 which was published on 8-6-2005 and which came into force with retrospective effect from 2-6-2000 that is, the date from which .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2008(4)ARBLR246(MP)
..... 1996, objections preferred by contractor have been dismissed, aggrieved thereby the contractor has come up in appeals in this court.4. shri v.r. rao, learned senior counsel, has submitted that act of 1996 was not applicable, arbitration clause was invoked before the act of 1996 was made applicable, thus, counter-claim was not included within the connotation of dispute between the parties ..... sum of rs. 2,70,08,114.56. wcl applied for making the award rule of the court whereas the contractor filed objections under section 34 read with section 20 of arbitration and conciliation act, 1996 (hereinafter referred to as 'the act of 1996'). the district court set aside the award as per order dated 09.08.1997. said order was assailed in this ..... arbitrator had the jurisdiction to entertain the counter-claim filed by wcl, it was also held by this court that act of 1996 was applicable as such the case was remitted to the district court to hear and decide it afresh, thereafter impugned orders have been passed on 21.02.2002, award has been held to be executable in view of section 36 ..... court by way of filing ma nos. 1190/1997 and 1191/1997. the appeals were allowed, decision rendered by .....Tag this Judgment!
Court : Kolkata
Reported in : 2008(1)CHN941
..... in the writ-application through its chairman and the said chairman of the kolkata port trust having not only complied with the order of this court in past but also prayed for review of the order for specifically directing him to dispose of the representation of the writ petitioner, the ..... ) being dissatisfied with the aforesaid order passed by the chairman of the kolkata port trust, the writ-petitioner filed a fresh writ-application before this court and as pointed out earlier, jyotirmoy bhattacharya, j. disposed of such application by directing the chairman of the port trust to rehear the representation in ..... eviction against the kanji. f) in the past, the said transporter, on behalf of the writ-petitioner, filed another writ-application before this court complaining the seizure of the casing pipes by the port trust authority on the ground that those casing pipes had no connection with the former tenant ..... chairman and the land manager of the kolkata port trust, who were the respondents nos. 1 and 4 respectively, the earlier order dated march 5, 2008 was modified by specifically directing the chairman of the kolkata port trust (instead of port trust authority) to dispose of the representation of the writ-petitioner ..... of an authorised officer in terms of section 5(2) of the act on december 16, 2006. d) at this stage, one manish tiwari filed a suit being title suit no. 989 of 2003 in the city civil court of calcutta and obtained an order of injunction restraining the port trust authority .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2008SC1061; 2008(2)ALD46(SC); 2008(3)ALLMR(SC)416; 2008(1)ARBLR137(SC); 2008BusLR102(SC); (2008)1CompLJ224(SC); 2008(1)CTC348; JT2008(1)SC468; 2008(4)MhLj579; (2008)2MLJ; 2008AIRSCW667; 2008(2)ICC693; 2008(1)SCALE214
..... i, which is contrary to or excluded by that law or rules will not apply.35. lastly, it must be stated that the said act does not appear to be a well-drafted legislation. therefore the high courts of orissa, bombay, madras, delhi and calcutta cannot be faulted for interpreting it in the manner indicated above. however, in our view a proper ..... learned senior counsel appearing for the appellant has raised the following contentions:(i) the claim that part i of the arbitration and conciliation act, 1996 (in short 'the act') applies to foreign awards is covered by the judgment of this court in bhatia international v. bulk trading s.a. and anr. : 2scr411 .ii) the first respondent - satyam computer services ltd. could not ..... the parties that cannot be resolved via negotiations shall be submitted for final, binding arbitration to the london court of arbitration.(c) notwithstanding anything to the contrary in this agreement, the shareholders shall at all times act in accordance with the companies act and other applicable acts/rules being in force, in india at any time.it was pointed out that the non-obstante ..... a challenge to the award. he also relied on a decision of the division bench of the calcutta high court in pratabmull rameshwar v. k.c. sethia ltd. : air1960cal702 . in paragraphs 45 and 63, the calcutta high court while dealing with arbitration act of 1940 sets out the reasoning in support of a challenge being permissible in india to a foreign award.14 .....Tag this Judgment!