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S.B.P. and Co. Vs. Patel Engineering Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 1, 2 to 6, 7, 8, 9, 10, 11, 11(1), 11(2), 11(3), 11(4), 11(5), 11(6), 11(7), 11(8), 11(9), 11(10), 12, 12(3), 13, 14, 15, 16, 16(1), 17, 18 to 27, 28 to 33, 34 to 37, 37(2), 44 to 60, 61 to 81 and 82 to 86; Arbitration Act, 1859; Arbitration Act, 1940 - Sections 2 to 43 and 85; Code of Civil Procedure (CPC) , 1908; Limitation Act, 1963 - Sections 43; United Provinces (Temporary) Control of Rent and Eviction Act, 1947; Kerala Buildings (Lease and Rent Control) Act, 1965 - Sections 18; Constitution of India - Articles 32, 136, 226 and 227; Code of Civil Procedure (CPC) , 1859; Arbitration Act, 1899; Industrial Disputes Act, 1947 - Sections 10 and 10(1); Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 7 and 35; Foreign

Reported in : AIR2006SC450; 2006(1)ALD10(SC); 2005(3)ARBLR285(SC); 2006(1)AWC538(SC); 2006(1)BomCR585; [2005]128CompCas465(SC); (2006)2CompLJ7(SC); 2005(5)CTC302; (2006)3GLR2097; [2006(1

to approach the Supreme Court is saved. Chapter X deals with miscellaneous matters. Section 43 makes the Limitation Act, 1963 applicable to proceedings under the Act as it applies to proceedings in Court.7. We will first consider the … (UNCITRAL) has adopted a Model Law for International Commercial Arbitration and the General Assembly of the United Nations has recommended that all countries give due … Code of Civil Procedure, 1908. Then came the Arbitration Act, 1940. Section 8 of that Act conferred power on the Court to appoint an arbitrator … and Anr. v. Rani Construction Pvt. Ltd. : [2002]1SCR728 has taken the view that it is purely an administrative function, that it is neither judicial nor quasi-judicial and the Chief Justice or his nominee performing the function

Sri Debi Mata and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Subject : PropertyConstitution

Acts : West Bengal Estates Acquisition Act, 1953 - Sections 4, 4(2), 4(6), 15(5), 38, 52, 60 and 61; ;West Bengal Estates Acquisition (Amendment) Act, 1963; ;Constitution of India - Article 245

Reported in : AIR1973Cal171,76CWN930

, is to be distinguished. There it was held that the Pondicherry General Sales Tax Act which extended the Madras General Sales Tax Act as … be applied on the date specified in the Act without adaptation, because the west Bengal Estates Acquisition (Amendment) Act, 1963, was being made applicable a decade after the West Bengal Estates Acquisition Act, 1953-1 Naturally this had to … West Bengal Estates Acquisition Act, 1953, was amended by incorporating a new Chapter being Chapter VIII consisting of two sections only. They are Sections 60 … amended by incorporating a new Chapter being Chapter VIII consisting of two sections only. They are Sections … the civil and criminal courts and from the control of the ollices of revenue and, secondly, to vest administration of civil and criminal justice in such officers as the Lieutenant-Governor of Bengal might for the purpose of

Sri Sahasra Lingeshwara Temple, Rep. by Its Managing Trustee Sundaresh ...

Court : Karnataka

Subject : Trusts and Societies

Acts : Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 - Sections 1(14), 2, 2(10), 2(16), 2(23), 2(24), 8, 9 to 16, 17 to 19, 20, 21, 22, 23, 24-30, 42-49, 50, 76, 76(1) and 79; Karnataka Religious and Charitable Institution Act, 1927; Madras Hindu Religious and charitable Endowment Act, 1951; Bombay Public Trust Act, 1950; Hyderabad Endowment Regulations Act; Coorg Temple Funds Management Act, 1956; States Reorganisation Act; Public Worship Act; Representation of the People Act - Sections 124(3) and 124(3A); ;Hindu Succession Act; Bihar Hindu Religious Trust Act; Constitution of India - Articles 14 and 25 to 30; ;Karnataka Hindu Religious Institutions and Charitable Endowments Rules - Rules 5 to 16

Reported in : 2007(1)KarLJ1

Article 26 of the Constitution of India.9. Sri. Ramesh, learned Counsel says that the learned Judge has given general findings without referring to the statement of objection in the ease on hand. He says that the object … the State Legislature to Introduce any legislation-apart from two abortive attempts in 1963 and 1977- to remove the inequality between the temples and Maths situated … In that case, the Court noticed that Section 8 of the Act recognises the difference in the … learned Counsel supporting Sri. Holla, learned Sr. Counsel and Sri. Shankar, learned Counsel says that the right of administration in terms of Article 26(d) cannot be taken away by the Government and at the most, it can … a law by name the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 and the Rules framed thereunder. The said Act in terms of … managed by Hindu religious denomination.3. There are several chapters providing for various contingencies in the matter. Aggrieved

Mormugao Port Trust Vs. the C.i.T.

Court : Income Tax Appellate Tribunal ITAT Panji

Subject : Direct Taxation

Reported in : (2007)109ITD303Panji

claimed by the assessee to be considered to be an object of general public utility and hence the activities of the Major Port Trusts are … viz. The Mormugaon Port Trust, hereinafter called as MPT is an Institution constituted under the Major Port Trusts Act, 1963 and is an autonomous body administered by a Board of Trustees constituted by the Central Government. The MPT … object of development and maintenance of Ports. This can be inferred from Chapter V of the Act concerning "works and services to be provided at … and dismissed the appeal filed by the Department 8. The ld. Counsel next referred to the 2nd … body administered by a Board of Trustees constituted by the Central Government. The MPT is vested with the Administration, Control, Maintenance, Development and Management of the Major Port of Mormugaon. In India all the Port Trusts are

P. Sujanapal Vs. State of Kerala, represented by its Chief Secretary a ...

Court : Kerala

Subject : Land Acquisition

Officer. (d) On 25.4.2013, writ petitioner preferred a complaint to the Registrar General of this Court seeking action against the third respondent judicial officer. In … him. Reliance is placed on the provisions of the Judicial Officers Protection Act, 1850, the Judicial Officers Protection Act, 1963 and the Judges Protection Act, 1985 to contend that even in case of a mistaken or erroneous order, … provides that no court shall take cognizance of an offence punishable under Chapter XXI IPC except on a complaint made by some person aggrieved by … of application of mind is to be emphasised. 8. In State of Maharashtra v. Public Concern for … be with corrupt motives. A Division Bench of the High Court of Andhra Pradesh in Khanapuram Gandaiah v. Administrative Officer, Ranga Reddy District Courts and Others. [AIR 2009 AP 174] held that authorities discharging judicial functions are

M/S.Top Ten, a Partnership Firm and anr. Vs. State of Maharashtra and ...

Court : Mumbai Nagpur

Subject : ConstitutionCivil

Acts : Constitution of India - Article 226, 227; Maharashtra Cooperative Societies Act, 1960 - Section 101, 154, 154(2), 91, 137, 94(4), 94(5), 154(2A), 163, 93(2), 152(4), 144D, 94(1) ; Kerala General Sales Tax Act, 1963 - Section 17(3)

Kerala .vs. K.T. Shaduli Grocery Dealer Etc. ( supra), provisions of Section 17[3] of Kerala General Sales Tax Act, 1963 are looked into. The enquiry envisaged is found to be in two stages. In first stage, Sales Tax … enquiry as envisaged therein and as is clear from the provisions of Chapter VIII-A of the 1961 Rules, is only open, there is no question … of India and others (supra), the Hon'ble Apex Court has considered the concept of fair play in action, administrative, judicial or quasi-judicial nature. Right of cross examination is found to be inevitable part of fair play when … of the Constitution of India, challenge is to the provisions of Rule 86E of the Maharashtra Cooperative Societies Rules, 1961 (hereinafter referred to as "the

Krishna Autar Mittal Son of Sri Ram Bharosey Lal and Ghanshyam Das Son ...

Court : Allahabad

Subject : Constitution

Reported in : AIR2007All90

that Letters Patent are subject to the Legislative powers of the Governor General in Legislative Council and also of the Governor General in Council. Subsequently … the appellant in Vinita's case (supra) was a case where bar under Section 6(3) of the Specific Relief Act, 1963 was held to not affect letters patent appeals before the Division Bench. In the Specific Relief Act there … the objection and contended that this special appeal is not maintainable under Chapter VIII, Rule 5 of the Rules of the Court.4. Sri. S.K. Varma, … administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings … State Legislature.31. The Apex Court in A.I.R. S.C. 888; O.N. Mahindroo v. Bar Council of Delhi and

S. Pushpa and ors. Vs. Sivachanmugavelu and ors.

Court : Supreme Court of India

Subject : ConstitutionService

Acts : Constitution of India - Articles 16, 16(4), 227, 230, 231(2), 239 to 241, 309, 330 to 341, 341(1), 342 and 342(1); Government of Union Territories Act, 1963 - Sections 50; Constitution (Pondicherry) Scheduled Castes Order, 1964; Constitution (Fourteenth Amendment) Act, 1962; General Clauses Act, 1897 - Sections 3(8); Pondicherry (Administration) Act, 1962 - Sections 3

Reported in : AIR2005SC1038; 2005(5)ALLMR(SC)803; (2005)3CALLT71(SC); 2005(2)CTC708; 2005(2)ESC173; [2004(102)FLR642]; JT2005(2)SC137; (2005)3MLJ1(SC); (2005)3SCC1; 2005(2)SLJ347(SC); 20

Education, Government of Pondicherry, issued an advertisement for making recruitment of 350 General Central Service Group 'C' posts of Secondary Grade Teachers (for short 'SGT') … Amendment to the Constitution. These four settlements were constituted as U.T. of Pondicherry under Government of Union territories Act, 1963 (Act No. 20 of 1963). 5. Article 341 of the Constitution which is important for the purpose of … These appeals, by special leave, have been preferred against the judgment and order dated 5.11.1996 of the Central Administrative Tribunal (Madras Bench) by which O.A. No. 199/1996 and O.A No. 214/1996 were allowed and selection made of … by the Government of India and also by Government of Pondicherry. Part VIII of the Constitution (Articles 239 to 241) deals with the Union territories.

Firdous Omer (D) by Lrs. and ors. Vs. Bankim Chandra Daw (D) by Lrs. a ...

Court : Supreme Court of India

Subject : Civil

Acts : Limitation Act, 1963 - Sections 5 - Schedule - Article 122; Code of Civil Procedure (CPC) , 1908 - Sections 2(2) - Order 9, Rules 3, 4, 8 and 9 - Order 21 - Order 43, Rule 1 - Order 47, Rule 1; Limitation Act, 1908 - Sections 5

Reported in : AIR2006SC2759; 2007(1)AWC36(SC); [2006(4)JCR84(SC)]; JT2006(12)SC545; (2006)4MLJ1714(SC); RLW2007(1)SC191; 2006(7)SCALE439; (2006)6SCC569

Letters Patent and was hence appealable. This view of the Calcutta High Court had been followed in The Administrative General of West Bengal v. Kumar Purnendu Nath Tagore : AIR1970Cal231 , wherein the Court reiterated, that a … the Limitation Act, which is 30 days from the date of dismissal, under Article 122 of the Limitation Act, 1963. Apparently, under the practice followed in the Calcutta High Court on the Original Side, the order is drawn … trial judge in the special list in terms of Rule 35 of Chapter X of the Original Side Rules.4. Thus, the suit appeared in the … against S.M. Naqi, one of the legal representatives of the original plaintiff. 8. Learned Counsel for the respondents also raised the contention that according to

Dr. Sashi Bhushan Acharya and ors. Vs. State of Orissa and ors.

Court : Orissa

Subject : Civil

Reported in : 105(2008)CLT169

Charge Officer, Puri dated 3.2.2003 and the letter dated 3.5.2003 of the General Administration Department under Annexures-7 and 8 to the writ application. The averments … Consolidation of Holdings and Prevention of Fragmentation of lands Act, 1972 and Rules, 1973, Orissa Revenue Administration (Unit) Act, 1963, Administration of Orissa State Order, 1948, Administration of Mayurbhanj State Order, 1949, Orissa Board of Revenue Rules, 1959 … challenge the proposed Scheme for re-organisation of the Revenue Department vis-a-vis re-organisation of Settlement and Consolidation with Tahasil Administration vide Annexures 2 and 3 to WPC No. 7763 of 2003 and thereafter, further seeking to challenge Resolution