Advanced Search Results

Pashchimanchal Vidyut Vitran Nigam Limited vs IL and Fs Engineering an ...

Court : Delhi

Subject : Land Acquisition

public policy of India, the award is liable to be set aside. Explanation (1), amended by the 2015 Amendment Act, clarified the expression “public policy of India” and its connotations for the purposes of reviewing arbitral awards. It … issued by the CMRS under the Delhi Metro Railway (Operation and Maintenance)Act, 2002 (hereinafter “the Delhi Metro Act”) and heldthat the cumulative effect of the … Kaushik, Mr. Shashank Tiwari and Mr. H.N. Thangal, AdvocatesCORAM:HON'BLE MR. JUSTICE SUBRAMONIUM PRASADJUDGMENT (ORAL)1. The present Petition under Section 34 of the Arbitration andConciliation Act, 1996 (hereinafter referred to as “the Act”) has been filed by the Petitioner … was found to be suffering from the vices of perversity, irrationality and patent illegality. The High Court observed that in deciding the question on defects

Prism Cement Limited, Bangalore Vs. D.C.S. Limited, Himayath Nagar, Hy ...

Court : Karnataka

Subject : Arbitration

written or implied are superseded by the agreement-Ex.C.17, dated 10-4-2002. Any further amendment will have to be in writing and signed by both the parties. … in this appeal. By the impugned judgment, the learned Court dismissed the suit filed by this appellant/plaintiff under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act') came to be dismissed. 2. … of the Arbitration and Conciliation Act, 1996; or (iii) against the terms of the respective contract; or (iv) patently illegal; or (v) prejudicial to the rights of the parties, is open to interference by the Court under

P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 3, 4, 4(1), 35A, 96 to 103, 104, 104(1), 104(2), 105, 105(2), 115, 117, 135, 217(1), 218D, 278 and 282 - Order 7, Rules 10 and 11 - Order 10, Rule 3 - Order 16, Rule 2 - Order 18, Rules 1, 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 - Order 20, Rules 1 and 8 - Order 21, Rules 72, 90 and 92 - Order 33, Rule 7 - Order 39, Rules 1 and 2 - Order 41, Rule 35 - Order 43, Rule 1 - Order 49, Rules 1, 2 and 3; Constitution of India - Articles 133, 136, 225, 329 and 372; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 2002; ;Indian High Courts Act, 1861; Legislative Act; Government of India Act, 1935 - Sections 223; India (Adaptation of Existing Laws) Order, 1949; Independence Act, 1947 - Section

Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672

in the Code by reason of Code of Civil Procedure amendment Act, 1976 or Code of Civil Procedure Amendment Act, 2002. In any event the provision of Section 100A of the Code being not retrospective in operation, the right … all such laws. In Clause 35 of the Letters Patent, there was a clear provision that the Letters Patents are subject to the legislative powers of the Governor-General in Council. It was accordingly thought that the Code … affected by; provided that; provided, answerable for. Homan v. Employers Reinsurance Corporation, 345 Mo. 650, 136 S.W. 2d 289, 302'[See Printers (Mysore) Ltd. v. M.A.

Chemtura Corporation Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Intellectual Property RightsCivil

Acts : Patents Act, 1970 - Sections 3, 8, 8(1), 8(2), 11A(7), 12, 13(4), 25, 47 and 48, 48(1), 48(2), 53, 64, 64(1), 68, 69, 107 and 156; Code of Civil Procedure (CPC) - Sections 80 - Order 39, Rules 1, 2 and 4; Patents Rules, 2003 - Rules 12(1), 12(3), 15 and 25

Reported in : 2009(41)PTC260(Del)

above quoted application has been examined under Section 12 of the Patents Act, 1970, as amended by the Patents (Amendment) Act, 2002 and the first statement of objection of forwarded herewith the compliance. The documents noted in the margin are … Ananda Bhavan and Muthulakshmi Bhavan : 2007 (34) PTC 689 (Mad), Mariappan v. A.R. Safiullah 2008 (38) PTC 341 and Telemecanique & Controls (I) Ltd. v. Schneider Electric Industries SA : 94 (2001) DLT 865 in support

Steel Authority of India Ltd. Vs. Salzgitter Mannesmann International ...

Court : Delhi

Subject : Land Acquisition

terminated with effect from 14th October 2003. This was followed by an amendment to the Contract dated 27th June 2002 between SAIL and SI on … Introduction 1. The Steel Authority of India Limited (‘SAIL’), in this petition under Section 34 of the Arbitration and Conciliation Act 1996 (‘Act’), challenges the majority Award dated 27th July 2009 passed by … the workmen and the employer and came to the conclusion that any term of the agreement which is patently arbitrary and/or otherwise arrived at because of the unequal bargaining power would not only be ultra vires Article

Novartis Ag Vs. Union of India Through the Secretary and Others

Court : Intellectual Property Appellate Board IPAB

Subject : Intellectual Property

providing Exclusive Marketing Rights (EMR). The Indian Parliament made further amendments in the Patents Act, 1970 through the Patents (Amendment) Act, 2002 (Act 38 of 2002) which came into force from 20.05.2003 along with the Patents Rules, 2003 with a … 3, R 4, R 5, R 6 and R 7, respectively) filed representations by way of oppositions under section 25(1) of the Patents Act, 1970 as amended by the Patents (Amendment) Act, 2005 (hereinafter referred to as … industrial application; new invention under section 2(1)(l) read with sections 29 - 34 and was also not attracted by any of the provisions of section

Hindustan Shipyard Limited Vs. Essar Oil Limited and ors.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 19, 19(4), 34 and 34(2); Contract Act, 1872 - Sections 41; Evidence Act

Reported in : 2005(1)ALD421; 2005(1)ALT264; 2005(1)ARBLR454(AP)

the Act, it would meant hat it has acted beyond its jurisdiction and thereby the award would be patently illegal which could be set aside under Section 34.xxxxThe phrase 'Public Policy of India' in Section 34 in … by the appellant and the first respondent on its own got the amendment to the terms of contract seeking direct payment from the ONGC and … against the decree and order dated 1-11-2002 in O.P. No. 96 of 2002 on the file of the Principal District Judge's Court, Visakhapatnam.3. The appellant … the material on record. Under the above circumstances, the appellant filed OPs before the learned District Judge under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking to set aside the awards passed

Delhi Airport Metro Express Pvt. Ltd. Vs. Delhi Metro Rail Corporation ...

Court : Supreme Court of India

Subject : Land Acquisition

of the 1996 Act. Relevant provisions of Section 34 (as they were prior to the Arbitration and Conciliation (Amendment) Act, 2015) read as under:- 17 | Pa ge “34. Application for setting aside arbitral award. - (1) Recourse … Tribunal in virtually negating the certificate issued by the CMRS under the Delhi Metro Railway (Operation and Maintenance) Act, 2002 (hereinafter, ‘the Delhi Metro Act’) and held that the cumulative effect of the findings of the award on … was found to be suffering from the vices of perversity, irrationality and patent illegality. The High Court observed that in deciding the question on defects

India Cements Ltd., vs Zuari Cement Ltd.,

Court : Chennai

the additional ground made available for setting aside a domestic arbitral award under Sub-section (2A), added by the Amendment Act, 2015, to Section 34, refers to such illegality as goes to the root of the matter but which … and ZCL on 18.05.2002 and it came into effect from 1st June 2002. It is the specific case of ICL that it was agreed by … Prayer: Appeal filed under Order 36 Rule 1 of O.S. Rules read with Clause 15 of the Letters Patent, against the judgment and decree dated 17.09.2013 passed in O.P.No.674 of 2011 on the file of Original Side

Daulat Ram Khanna Vs. Commissioner of Income-tax, Punjab.

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : [1965]55ITR593(P& H)

in the negative. - Sections 100-A [As inserted by Act 22 of 2002], 110 & 104 & Letters Patent, 1865, Clause 10: [Dr. B.S. Chauhan, CJ, L. Mohapatra & A.S. Naidu, JJ] Letters Patent Appeal Order of … According to that decision the clear intention of the legislature in enacting section 4 of the Indian Income-tax (Amendment) Act, 1959, is to save the validity of a notice issued under section 34(1)(a) as well as the assessment