Court : Supreme Court of India
Reported in : AIR2007SC465; 2007(1)ALLMR(SC)897; 2006(4)ARBLR192(SC); 2007(1)AWC837(SC); JT2006(10)SC414; 2006(11)SCALE665; (2007)1SCC467; 2007(2)CivilLJ783(SC); 2007(1)LawHerald(SC)1752; 2006AIRSCW5871
..... to interfere with the award was absolutely limited, a greater latitude had been given in relation to a reasoned award.after the 1996 act came into force, under section 16 of the act the party questioning the jurisdiction of the arbitrator has an obligation to raise the said question before the arbitrator. such a question of ..... opens with a non-obstante clause and is comprehensive in character. the non-obstante clause excludes anything anywhere contained in the whole act or in any other law for the time being in force if it is contrary to or inconsistent with the substantive provision contained in sub-section (4). to that extent it carves ..... of a domestic award and a foreign award prior to coming into force of the 1996 act, namely, the 1940 act, the arbitration (protocol and convention) act, 1937 and the foreign awards (recognition and enforcement) act, 1961. all the aforementioned statutes have been repealed by the 1996 act. it makes provisions in two different parts, namely, matters relating .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2007(3)SC112; (2007)4MLJ617(SC); 2007(2)SCALE573; (2007)9SCC768; 2007AIRSCW1058; AIR2007SC1106; ILR2007(2)Kar1639; 2007(2)KLJ145; 2007(3)KCCR1985
..... -section (5), the state government or any officer authorized by the state government in this behalf may take possession of the land and may for that purpose use such force as may be necessary.(8) where the land has been acquired for the board, the state government, after it has taken possession of the land, may transfer the ..... eviction was passed and the state was directed to hand over possession of property to g within a particular period. the state then took out proceedings under the land acquisition act, 1894 for acquiring the property for public purpose, namely, for a school. g challenged the proceedings as mala fide. the high court upheld the contention observing that there ..... sub-section (1) of section 3 of the act. sub-section (2) of section 1 of the act states that the act 'extends to the whole of the state of karnataka'. sub-section (3) then reads-(3) this act except chapter vii shall come into force at once: chapter vii shall come into force in such area and from such date as the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2919; (2009)1GLR1(SC); JT2008(6)SC504; 2008(8)SCALE206; 2008AIRSCW4903; AIR2008SC2918
..... rights settled by the town planning officer. 68 - power of appropriate authority to evict summarily on and after the date on which a preliminary scheme comes into force, any person continuing to occupy any land which he is not entitled to occupy under the preliminary scheme shall, in accordance with the prescribed procedure, be summarily ..... scheme or the final scheme, as the case may be, shall have effect as if it were enacted in this act.67 - effect of preliminary scheme on the day on which the preliminary scheme comes into force-(a) all lands required by the appropriate authority shall, unless it is otherwise determined in such scheme, vest absolutely in ..... the appropriate authority free from all encumbrances with effect from the date on which the preliminary scheme comes into force. what would be the quantum of payment of compensation therefor is also provided in section 82 of the act. it is in the aforementioned situation, a claim is to be made before the authority whenever a notice .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2834; 2008(6)ALD1(SC); (SCSuppl)2009(1)CHN17; 2008(8)SCALE394; 2008AIRSCW4689
..... :- (1) every non-protected tenant shall, with effect from the date of vesting subject to section 37 of the a.p. (telangana area) tenancy and agricultural lands act, 1950 be entitled to be registered as an occupant of such inam lands in his possession as may be left over after the allotment under section 4 which, immediately before the ..... of an estate including bakasht lands and other lands filed a suit on their mortgage and tried to follow up the preliminary decree which was obtained before the act came into force by a petition for passing a final decree. one of the questions before this court was whether the mortgage decree had become unexecutable in view of the ..... justly payable to each creditor in respect of his claim.10. the court was there dealing with the rights of the mortgage creditors after the act had come into force. chapter iv of the act made special provisions for dealing with the rights of secured creditors and section 4(1)(d) expressly provided for the abatement of all suits and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2008(8)SC381; (2008)7MLJ679(SC); 2008(8)SCALE538; 2008(3)SLJ171(SC); 2008AIRSCW6672; (2008)12SCC1
..... for the post of the head in an institution were prescribed in appendix a in reference to regulation 1 of chapter ii of the intermediate act. however, with the coming into force of the principal act, with effect from 14th july, 1981, selections for the posts were entrusted to a commission, in order to ensure that good and ..... dated 7th august, 1993 that the state government prescribed 7th august, 1993 as the date on which the amendment act except section 13 thereof was to come into force. though section 18 was reintroduced by the 1995 amendment act with certain conditions yet the legislature fixed 6th august, 1993 as the cut off date as the state government ..... our view, answer to the question can be found in section 32 of the principal act, which provides that the provision of the intermediate act and regulations made thereunder will continue to be in force in case they are not inconsistent with the principal act and the rules made thereunder. as noted hereinbefore `note' to sub rule (5) of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2244; III(2008)CPJ26(SC); 2008(8)SCALE342; [2008]84SCL426(SC); 2008AIRSCW3985; AIR2008SC2244; 2008(7)SCC513
..... that the schools, hospitals, community centres and other community buildings were required to be constructed in the colony in terms of the licences granted under the state act.16. the complainant - second respondent filed complaint which was entertained by the commission in purported exercise of its jurisdiction under section 2(o)(i) and ..... at its cost, schools/community buildings etc. on the land transferred to them by the government of haryana under section 3(a)(iv) of the state act. 25 different sites having a total area of 29,358 acres were earmarked for the purposes of providing educational facilities which were transferred to the second ..... herein) and dlf qutab enclave complex educational education charitable trust (second appellant herein) have filed this appeal under section 55 of the monopolies and restrictive trade practices act, 1969 [hereinafter referred to as `the mrtp act'] read with order xx-a of the supreme court rules, 1966 against the judgment and final order dated 3rd .....
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763
..... by the central government or by a local authority. the conferment of the right was 'notwithstanding anything contained elsewhere in this act or in any other law for the time being in force'. section 25b laid down special procedure for enforcement of right conferred by section 14a. section 25a stated that the provisions ..... thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force whereas section 32(1) of the 1985 act also provides that the provisions of the said act and of any rules or schemes made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any ..... beginning with non-obstante clause ('notwithstanding anything inconsistent contained therein in any other law for the time being in force'') must be enforced and implemented by giving effect to the provisions of the act and by limiting the provisions of other laws. but, it cannot be gainsaid that sometimes one may come across .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009AIRSCW376; AIR2009SC1147; 2008(4)AWC3839(SC); 2008BusLR879(SC); (SCSuppl)2008(4)CHN197; LC2008(3)131; (2009)2MLJ548(SC); 2008(38)PTC1(SC); 2008(12)SCALE284; 2008(6)LHSC4364.
..... an inchoate or contingent right and the same approach should be adopted to the interpretation of 'right', 'obligation' or 'liability' in section 16 of the 1978 act. the section clearly contemplates that there will be situations where an investigation, legal proceeding or remedy may have to be instituted before the right or liability can be ..... as party-respondent in the writ application. the appellants raised a preliminary objection as regards maintainability of the writ petition after coming into operation of amendments into the act w.e.f. 1st january, 2005. according to the appellants before the high court, with effect from 1st january, 2005 there was no scope for ..... to the filing of the writ petition were as follows:the writ petitioners filed an application for grant of patent under section 5(2) of the patents act, 1970 (in short the `act') on 28th august, 1998. subsequently, on 30th june, 2000 the writ petitioners further filed an application for grant of 'exclusive marketing right' (in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(4)AWC4009(SC); 2008BusLR22(SC); (2009)1MLJ953(SC); 2008(13)SCALE717; (2009)1SCC91
..... or not, considered as commercial under the law in force in india and where at least one of the parties is--(i) an individual who is a national of, or habitually resident in, any ..... ; engineering, licensing; investment, financing; banking; insurance; exploitation agreement or concession; joint venture and other forms of industrial or business cooperation; carriage of goods or passengers by air, sea, rail or road.' [foot-note to article 1 (1)] (emphasis supplied)21. before more than three decades, in union of india v. d.n. ..... learned counsel for the parties, in my opinion, the petition should be allowed. clause (f) of sub-section (1) of section 2 of the act defines 'international commercial arbitration' and reads thus;(f) 'international commercial arbitration' means an arbitration relating to disputes arising out of legal relationships, whether contractual .....
Tag this Judgment!Court : Supreme Court of India
..... such procedure as, may be prescribed.(7) the decision of the tribunal shall be final and binding upon the parties to the application and it shall have the force of a decree made by a, civil court.(8) the execution of any decision of the tribunal shall be made by the civil court to which such decision ..... determination the same were heard together and shall stand disposed of by this common order. the question is whether the wakf tribunal constituted under section 83 of the wakf act, 1995 was competent to entertain and adjudicate upon disputes regarding eviction of the appellants who are occupying different items of what are admittedly wakf properties. the wakf tribunal ..... so also the high court of rajasthan in anjuman a. burhani v. daudi bohra jamaet, registered society and anr. air 2009 raj. 150 has taken the view that, the very purpose of creating a tribunal under the wakf act would be defeated if the jurisdiction of the tribunal is construed in a narrow sense. a similar view has been .....
Tag this Judgment!