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This tag is associated with 35 posts

Arbitration and conciliation Act – Despite of criminal proceedings and Despite of allegations of fraud and void etc., the arbitration proceedings can be initiated to resolve the disputes as per agreement – Disputes arose between Switzer land company and common wealth games2010 organisation about payment of tail end payments – so many correspondences were made by the petitioner/ company – Respondent failed to pay the amount as CBI cases were registered against Kalmadi and others – due corruption etc., and agreement treated as void – Apex court held that efforts were made to amicably put a “closure to the agreement”. I, therefore, do not find any merit in the submission of the respondent that the petition is not maintainable for non-compliance with Clause 38.3 of the Dispute Resolution Clause. and further held that As a pure question of law, I am unable to accept the very broad proposition that whenever a contract is said to be void-ab-initio, the Courts exercising jurisdiction under Section 8 and Section 11 of the Arbitration Act, 1996 are rendered powerless to refer the disputes to arbitration.= Swiss Timing Limited …Petitioner Versus Organising Committee, Commonwealth Games 2010, Delhi. ….Respondent = 2014(May.Part) http://judis.nic.in/supremecourt/filename=41548

   Arbitration and conciliation Act – Despite of criminal proceedings and Despite of allegations of fraud and void etc., the arbitration proceedings can be initiated to resolve the disputes as per agreement – Disputes arose  between Switzer land company and  common wealth games 2010 organisation  about payment of tail end payments – so many correspondences were made by the petitioner/ company – Respondent failed … Continue reading

Hindu marriage Act sec.13(1) (ia) – mere obtaining restitution of conjugal rights is not a ground for Divorce , when wife not complied with it – Best piece of Evidence of Children about the cruel attitude of father is enough for not granting the Divorce to the Husband against the wife – New tendency of husbands in obtaining restitution of conjugal rights and keeping clam for considerable period and finally filing divorce petition – is to be discourgeable – Husband failed to prove cruelty – Lower court wrongly placed reliance on Restitution of conjugal rights – hence set aside – Appeal was allowed = V.Alivelu Mangas Devi V,Venkata Laskshmi Narasimha Palla Rao = published in judis.nic.in/judis_andhra/filename=10629

THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No.752 of 2013 28-11-2013 V.Alivelu Mangas Devi V,Venkata Laskshmi Narasimha Palla Rao !Counsel for the AppellantSri Subba Rao Counsel for Respondent: Sri A.K.Kishore Reddy <Gist >Head Note: ?Cases Referred; JUDGMENT: (per the Hon’ble Sri Justice L.Narasimha Reddy) The marriage between the appellant … Continue reading

sec.420 – cheating – agreement of sale – received Rs.50 lakhs – sold parking place kept for a Club House as per municipal records – committed an offence – when there is ample evidence on record to say that accused played fraud on complainant – quashing of complaint is wrong – High court orders are set aside = Ashfaq Ahmed Quereshi & Anr. …Appellants Versus Namrata Chopra & Ors. …Respondents = judis.nic.in/supremecourt/filename=41096

sec.420 – cheating – agreement of sale – received Rs.50 lakhs – sold parking place kept for a Club House as per municipal records – committed an offence – when there is ample evidence on record to say that accused played fraud on complainant – quashing of complaint is wrong – High court orders are … Continue reading

Service matter = Employer can refix the pay and recover the same from Employee when pay was fixed wrongly by mistake with out considering the rules and regulations in fixation of pay of Re-Employed pensioner = U.T. CHANDIGARH & ORS. …APPELLANTS VERSUS GURCHARAN SINGH & ANR. …RESPONDENTS = Reported in http://judis.nic.in/supremecourt/filename=40951

Employer can refix the pay and recover the same from Employee when pay was fixed wrongly by mistake with out considering the rules and regulations in fixation of pay of Re-Employed pensioner = if any amount had been  paid  due  to mistake, the mistake must be rectified and the amount so paid  in  pursuance of the mistake must … Continue reading

Pension would be granted only after completion of 15 years service = Punjab National Bank & Ors. …Appellants Vs. Ram Kishan …Respondent – judis.nic.in/supremecourt/filename=40885

Pension would be granted only after completion of 15 years service =     The respondent  also  sought  voluntary  retirement  under  this         scheme.  His application was  accepted  and  he  was  given  voluntary         retirement  on  15.12.2000.   He  was  also  accorded   superannuation         benefits … Continue reading

M.V. ACT – ACCIDENT CLAIM – NON- EXAMINATION OF PILLION RIDER NOT FATAL WHEN SUPPORTED BY I.O. EVIDENCE- F.I.R. – CHARGE SHEET ENOUGH TO PROVE NEGLIGENCE – DULCINA FERNANDES & ORS. Vs. JOAQUIM XAVIER CRUZ & ANR. judis.nic.in/supremecourt/filename=40875

Accident claim – Registration of FIR and filing of charge sheet is enough to prove the negligence     of  opposite party who caused an accident – acquittal of criminal case can not be considered – Non- examination of pillion rider is also not fatal – when investigation officer supported the case – Apex court set aside … Continue reading

Service matter = Doctrine of proportionality in punishment= Deputy Commissioner, KVS & Ors. ….Appellants Vs. J.Hussain ….Respondent – published in judis.nic.in/supremecourt/filename=40856

Service matter =  Doctrine of proportionality in punishment –  Enter office forcibly in intoxication mood – removed from service – correct –     the High Court has found the penalty of removal from  service  to   be disproportionate to the nature and gravity of his misconduct.  Thus, –       invoking the doctrine … Continue reading

Service matter – Section 59 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995= Bharat Sanchar Nigam Limited and another …. Appellants Versus G. Sarvothaman …. Respondent = published in judis.nic.in/supremecourt/filename=40851

Service matter – Section  59   of   the   Persons   with   Disabilities   (Equal          Opportunities, Protection of Rights and Full Participation) Act,  1995 the powers of chief commissioner =       whether  the         Chief Commissioner has got  the  powers  to  order  regularization  of   … Continue reading

Section 78(5) of the Rajasthan Sales Tax Act, 1994 (for short ‘the Act’).=The Assistant Commercial Taxes Officer, Bhiwadi had levied penalty in exercise of his powers under Section 78(5) of the Act against the owner of the vehicle who was carrying certain goods of the assessee.- “If one reads sub-section (5) of Section 78 in its entirety with Rule 53 of the 1995 Rules, it is clear that penalty was liable to be imposed for importation of any taxable goods for sale without furnishing a declaration in Form ST 18A completely filled in all respects. The duty to fill and furnish the said Form is imposed on the purchasing dealer. Therefore, Section 78(5) as it stood prior to 22.3.02 imposed penalty if possession or movement of goods took place inter alia in breach of Section 78(2)(a) on “the person in-charge”, which included the owner. In this connection it may be noted that sub- section (5) comes after sub-section 4(c) which talks about release of the goods to “the owner of the goods” on his giving of adequate security. It is the owner (importer) who has to fill in the Form ST 18A. It is the owner who is entitled to seek release under Section 78(4) on giving security. It is the owner who is entitled to hearing under Section 78(5) and, therefore, the expression “person in-charge of the goods” under Section 78(5) would include the owner. Moreover, under Section 78(2) the words used are “person in-charge of a vehicle or carrier of goods in movement” whereas the words in Section 78(5) which comes after sub-section (4) refers to “person in-charge of the goods”. The words “in movement” do not find place in Section 78(5) and therefore the expression “person in charge of goods” under Section 78(5) was wider than the expression “person in charge of goods in movement” under Section 78(2)(a). Consequently, the expression “person in-charge of the goods” under Section 78(5) who is given an opportunity of being heard in the enquiry would include the “owner of the goods”.= “person in-charge of the goods” under the old Section 78(5) is substituted by the words “the owner of the goods or a person authorized in writing by such owner or person in-charge of the goods”.- Therefore, we allow this appeal, set aside the order passed by the High Court and restore the order passed by the Assistant Commercial Taxes Officer, Bhiwadi ASSISTANT COMMERCIAL TAXES OFFICER Vs. M/S PAREKH ENTERPRISES .

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40817     IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION   CIVIL APPEAL NO.8216 OF 2013 (@ SPECIAL LEAVE PETITION (C) NO.4194 OF 2010)   ASSISTANT COMMERCIAL TAXES OFFICER APPELLANT(S)   VERSUS   M/S PAREKH ENTERPRISES RESPONDENT(S)   O R D E R       1. Leave granted.   2. This … Continue reading

Order 8 Rule 10 C.P.C. = The fact that the defendants remained ex parte or no written statements are filed, by itself, does not relieve a Court, of its obligation to verify the legality and genuinity of the claim in any suit.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=16690 PETITIONER: BALRAJ TANEJA & ANR. Vs. RESPONDENT: SUNIL MADAN & ANR. DATE OF JUDGMENT: 08/09/1999 BENCH: D.P.Mohapatro, S.Saghir Ahmad JUDGMENT: S.SAGHIR AHMAD, J. Leave granted. Respondent No.1, Sunil Madan, filed a suit in the Delhi High Court against the appellants and respondent No.2 for specific performance of an agreement for sale in respect … Continue reading

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