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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Year: 2019 Page 1 of about 70 results (0.057 seconds)

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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May 09 2019 (SC)

Birla Corporation Ltd. Vs. Adventz Investments and Holdings Ltd.

Court : Supreme Court of India

Decided on : May-09-2019

..... complainant shri samir ganguly was examined on 06.10.2010. since some of the accused persons are residents beyond local jurisdiction of the court, the trial court/the magistrate fixed the matter for enquiry under section 202 cr.p.c. on 08.10.2010. an employee of the appellant company ..... against respondents no.13 to 15. likewise, there are no specific allegations against the other accused who are residing outside the jurisdiction of the court and how and when they committed theft of the documents that how they entered into 40 conspiracy. considering the various litigations pending between the parties ..... shri samir ganguly and p.b. dinesh, the magistrate satisfied himself that there are sufficient grounds for proceeding against the accused and the high court rightly held that there was no irregularity in the procedure followed by the magistrate in issuing process against the respondents. the learned senior counsel ..... be sufficient indication as to the application of mind and observing that the magistrate is not to act as a post office in taking cognizance of the complaint, in mehmood ul rehman, this court held as under:- 25 22. .the code of criminal procedure requires speaking order to be passed ..... under:- 11. in chief enforcement officer v. videocon international ltd. (2008) 2 scc492(scc p. 499, para19) the expression cognizance was explained by this court as it merely means become aware of and when used with reference to a court or a judge, it connotes to take notice of judicially . it .....

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Jan 24 2019 (HC)

M/S C & C Maritime Pte Ltd vs.advance Surfactants India Ltd

Court : Delhi

Decided on : Jan-24-2019

..... natural justice infringement of natural ex.p. 311/2014 page 13 15. in national ability s.a. vs. tinna oil & chemicals ltd. & ors., (2008) 105 drj446 this court has also considered and rejected the plea of violation of principles of natural justice in arbitration proceedings with the following observation:-" 27(c) .one cannot be oblivious ..... navin chawla ex.appl.(os) 233/2015 & 607/2015 1. this petition has been filed under section 49 of the arbitration and conciliation act, 1996 (hereinafter referred to as the act?) seeking enforcement of the arbitral awards dated 19.11.2013 and 21.03.2014 passed by the arbitral tribunal adjudicating the disputes that have arisen ..... :-"that 27. in our view, what has been stated by this court in renusagar with reference to section 7(1)(b)(ii)of the foreign awards act must equally apply to the ambit and scope of section 48(2)(b) of the 1996 act. in renusagar it has been expressly exposited the expression public policy in ..... wider import than the public policy in section 7(1)(b)(ii) of the foreign awards act. we have no hesitation in holding that renusagar must apply for the purposes of section 48(2)(b) of the 1996 act. insofar as for setting aside an award under section 34 is concerned, the principles laid down ..... section 7(1)(b)(ii) of the foreign awards act refers to the public policy of india. the expression public policy used in section 7(1)(b)(ii) was held to mean public policy .....

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Aug 02 2019 (HC)

Ghulam Mohd. Bhat vs.national Investigating Agency

Court : Delhi

Decided on : Aug-02-2019

..... hon'ble mr. justice brijesh sethi judgment siddharth mridul, j1 the present appeal under section 21(4) of the national investigating agency act, 2008 (hereinafter referred to as the nia act ) read with section 439 of the code of criminal procedure, 1973 (hereinafter referred to as the cr.p.c. ) assails the ..... the basis of broad probabilities. however, while statute dealing like mcocahaving the provisions contained in sub-section (4) of section 21 of the act, the court may have to probe into the matter deeper so special regard with a to crl.a.1264/2018 page 13 of 23 against collected ..... such as and tada, mcoca and the special enactments the narcotic drugs provisions for bail crl.a.1264/2018 page 10 of 23 the court psychotropic substances act, 1985, is required to record its opinion that there are reasonable grounds for believing that the accused is not guilty of the alleged ..... enunciated that, once charges are framed, it would be safe to assume that a very strong suspicion was founded upon the materials before the court, which prompted the court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged against the accused, to justify the framing ..... against the to justify the framing of charge. in that accused, the accused may have to undertake an situation, arduous task to satisfy the court that despite the framing of charge, the materials presented along with the charge-sheet (report under section 173 crpc), do not make out reasonable .....

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Apr 08 2019 (HC)

Sukumar Chand Jain vs.dda

Court : Delhi

Decided on : Apr-08-2019

..... to the ee raising seven claims amounting to `21,85,000. the dispute was referred to arbitration, on the intervention of this court, under section 11(6) of the act. the preliminary objection to limitation was rejected by the tribunal, which then went on to decide the merits.21. quite apart from ..... ltd., (2006) 11 scc181and renusagar power co. ltd. v. general electric co. 1984 (4) scc679. in mc dermott international (supra), the supreme court clarified the court's inherent limitation by reason of section 34 in such matters:"112. it is trite that the terms of the contract can be express or implied. the ..... learned single judge has re-appreciated evidence and given findings of fact which are outside the purview of section 34 of the act. it is settled law that a court does not sit in appeal over the award of an arbitral tribunal by reassessing or re-appreciating the evidence and the ..... govt of nct s (hereafter called nct ) petition under section 34 to an award dated 17.03.2008 passed by the learned sole arbitrator in the dispute between the parties.20. like in the other two cases, the contract was for execution of works ..... gsc and urged that the learned single judge could not be faulted for following boghara polyfab (supra) and master construction (supra), which are binding on all courts. fao5582012 19. the appellant (hereafter kuber ) challenges the judgment and order of the learned single judge, dated 10.09.2012, which allowed the respondent .....

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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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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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