This tag is associated with 4 posts

Sec.498 A , 306 of I.P.C. – DISCHARGE OF REST OF ACCUSED – NO CASE AGAINST RELATIVES OF HUSBAND – ADDITIONAL SESSIONS JUDGE DISCHARGED THEM – HIGH COURT CONFIRMED – APEX COURT ALSO CONFIRMED AND DISMISSED THE APPEAL = Sherish Hardenia & Ors. …..Appellants Versus State of M.P. & Anr. …..Respondents = published in judis.nic.in/supremecourt/filename=41091

  Sec.498 A , 306 of I.P.C. – DISCHARGE OF REST OF ACCUSED – NO CASE AGAINST RELATIVES OF HUSBAND – ADDITIONAL SESSIONS JUDGE DISCHARGED THEM – HIGH COURT CONFIRMED – APEX COURT ALSO CONFIRMED AND DISMISSED THE APPEAL = Whether it is quashing of an  FIR  or  a  Charge-Sheet,  or    summoning a party under Section 319,  CrPC,  this … Continue reading

Or. 40, rule 1 CPC – Appointment of interim receiver is not maintainable as the petitioner received the amount from the respondent to put a stop to the litigation and on the other hand the respondent is in possession of property = during the pendency of these proceedings, the second respondent sold the property in favour of respondent nos. 4 and 5 by sale deed dated 11.07.2006. It appears that the Sub-Registrar on inspection of the disputed plot found that there were two constructed duplex and two more near completion as on the date of inspection i.e. on 13.03.2007 of which one was occupied by respondent no.4.= It must be remembered that the instant proceedings arise out of the interlocutory proceedings seeking appointment of the receiver at the instance of the petitioner herein. Having regard to the fact that respondent no.4 was in possession of the property in dispute at least since 13.03.2007 admittedly and also having regard to the fact that the petitioner received an amount of Rs.6,50,000/- we do not see any justification for the appointment of the receiver. We see no reason to interfere with the judgment under appeal. We accordingly dismiss the special leave petition.

PUBLISHED IN http://judis.nic.in/supremecourt/imgst.aspx?filename=40573   NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION(C) NO. 13255 OF 2012 Satya Pal Anand …Petitioner Versus Punjabi Housing Co-operative Society & Others …Respondents J U D G M E N T Chelameswar, J. 1. This petition arises out of the final judgment and order dated 03.08.2011 … Continue reading

Arbitration and Conciliation Act, 1996: s. 9-Application for interim measures by court-Unregistered partnership firm in liquor trade-Application by one of the partners for appointment of receiver to take charge of business of the firm-Trial court dismissing the application on the ground that name of the applicant does not figure in the register of firms as partner of the firm-High Court allowed the application holding that s.69(3) of the Partnership Act is not attracted to an application u/s 9 of the Act-High Court further directed that the partners who were running the business would run the business as receivers till 31.12..2003 and from 1.1.2004 to 31.3.2004 the applicant and two other partners of his group would run the business as receivers s.9-Unregistered partnership firm-Application by one of the partners for directions to appoint receiver-Maintainability of- s. 9- “party “-Invoking s. 9-An application u/s. 9 is not a suit- ‘Parity’ is defined in s. 2(1 )(h) to mean a party to an arbitration agreement-So right conferred by s.9 is on a party to an arbitration agreement-Right conferred by s. 9 cannot be said to be one arising out of a contract-Filing of an application u/s 9 by a party by virtue of its being a party to.an arbitration agreement is for securing a relief which the court has power to grant before, during, or after arbitral proceedings by virtue of s.9 of the Act-The relief sought for in an application u/s 9 is neither in a suit nor a right arising from a contract-Party invoking s.9 may not have actually commenced arbitral proceedings but must be able to satisfy the court that the arbitral proceedings are actually contemplated or manifestly intended. =2004 AIR 1433, 2004(1 )SCR404 , 2004(3 )SCC155 , 2004(1 )SCALE297 , 2004(2 )JT352 =Held, order passed by court should fall within the meaning of expression ‘an interim measure of protection’ as distinguished from an alt time of permanent protection-It is a serious matter to appoint a receiver on a running business-This is not a case of oppression of minority by majority-A better course would have been to allow the conduct of the business continuing in the hands of the persons who were doing so but at the same time issuing such directions and/or devising such arrangement as would protect and take care of the interest of those who are not actually running the business-Purpose of enacting s. 9 is to provide ‘interim measures of protection’-Though order of High Court appointing a receiver on the partnership business is maintained, the rest of the order is set aside- Directions given inter alia, for running the business by the group of partners who were running it prior to interim order of High Court under their control but as receivers, and for appointment of an official as observer- Interim order-Partnership Act, I932-s.69(3). Held, Court u/s 9 is only formulating interim measures so as to protect the right under adjudication before the arbitral tribunal from being frustrated-Prima facie, the bar enacted by s. 69 of Partnership Act does not affect the maintainability of an application under s.9 of the Act-s. 69 of Partnership Act has no bearing on the right of a party to an arbitration clause to file an application under s.9 of the Act. M/s. Sundaram Finance Ltd. v. Ms. NEPC India Ltd, AIR 1999 SC 565, relied on. Kamal Pushpa Enterprises v. DR Construction Company, AIR (2000) SC 2676; Jagdish Chandra v. Kajaria Traders (Ind.) Ltd., AIR (1964) SC 1882 and Delhi Development Authority v. Kochhar Construction Work and Anr., [1998] 8 SCC 559, referred to. M/s. Shreeram Finance Corporation Ltd. v. Yasin Khan and Ors., [1989] 3 SCC 476, cited. Words and phrases: Word ‘before’ in s. 9 of Arbitration and Conciliation Act, 1996-Connotation of. CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 132 and 131 of 2004. From the Judgment and Order dated 18.12.2003 of the Madhya Pradesh High Court in M.A. No.2484 of 2003. Harish N. Salve, Dr. A.M. Singhvi, Kapil Sibaii, P. Chidambaram, R.F. Nariman, Vivek Tankha, Rohit Arya, C. Mukhopadhyaii, Manu Nair, Ms. Shalini, Rakesh K. Khanna, Aseem Mehrotra, Kanahaya Singh, Rajeev Singh, Rajesh Prasad Singh, Akshay Arora, P.K. Bansal, Pankaj Kr. Singh, K.L. Janjani and Ms. Abha R. Sharma for the appearing parties.

CASE NO.: Appeal (civil) 131-132 of 2004 PETITIONER: FIRM ASHOK TRADERS AND ANR. ETC. RESPONDENT: GURUMUKH DAS SALUJA AND ORS. ETC. DATE OF JUDGMENT: 09/01/2004 BENCH: R.C. LAHOTI & ASHOK BHAN JUDGMENT: JUDGMENT 2004(1)SCR 404 The following Order of the Court was delivered : Leave granted in both the SLPs. The dispute is among 12 … Continue reading

The letter of credit established by the issuing bank, inter alia, made the following stipulations: ” . . . . . . . . THIS DOCUMENTARY CREDIT WHICH IS AVAILABLE BY NEGOTIATION OF 2

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1709 OF 2007 State Bank of India & Anr. …. Appellants Versus M/s. Emmsons International Ltd. & Anr. ….Respondents JUDGMENT R.M. Lodha, J. This civil appeal, by special leave, is from the judgment and decree of the Madhya Pradesh High Court whereby … Continue reading

Blog Stats

  • 2,860,983 hits



Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 1,903 other followers

Follow advocatemmmohan on WordPress.com