Court : Supreme Court of India
..... to be retained, despite their prayer for restricting the claim made in clause m. 17.26 it is true that the rigors of cpc and the evidence act are not be applicable to tribunals/quasi judicial authorities. these rigours do not even apply to courts dealing with constitutional matters (refer the explanation under section 141 cpc). 17.27 such a ..... a public company. 20.13 two important prescriptions, which continued without any change, from the date of insertion of section 43a, namely 28.12.1960, till the coming into force of act 53 of 2000 namely 13.12.2000, were sub sections (2) and (4) of section 43a. sub section (2) imposed an obligation upon a private company which ..... to have granted the relief of reinstatement gratis without any foundation in pleadings, without any prayer and without any basis in law. by doing so, the nclat has forced upon the appellant an executive chairman, who now is unable to support his own reinstatement. 17.16 the nclat has found the dismissal to be illegal and not a .....
Tag this Judgment!Court : Supreme Court of India
..... ii of the code are as under: - section 5(1): adjudicating authority , for the purposes of this part, means national company law tribunal constituted under section 408 of the companies act, 2013 (18 of 2013); section 5(7): financial creditor means any person to whom a financial debt is owed and includes a person to ..... regarding title, extent, commencement and application of the code as also the definition and meaning of various expressions used in the code. different provisions have come into force on different dates, as permissible under proviso to sub-section (3) of section 1. part ii of the code deals with insolvency resolution and liquidation for ..... a creditors committee, where all financial creditors have votes in proportion to the magnitude of debt that they hold. in the past, laws in india have brought arms of the government (legislature, executive or judiciary) into this question. this has been strictly avoided by the committee. the appropriate disposition of a defaulting firm is .....
Tag this Judgment!Court : Supreme Court of India
..... distinctions.16. firstly, he would submit that in the case of shareholders approaching the tribunal under the companies act, they would be armed with the details regarding shareholding which are always available having regard to the scheme of the companies act. on the other hand, he points that in regard to home buyers who have ..... the corporate debtor. explanation.-for the purposes of this sub-section, it is hereby clarified that notwithstanding anything contained in any other law for the time being in force, a licence, permit, registration, quota, concession, clearance or a similar grant or right given by the central government, state government, local authority, sectoral regulator ..... pending when repeal came in. thus a pending proceeding before the rent controller for the eviction of a tenant on the date when the repealing act came into force would not be affected by the repealing statute and will be continued and concluded in accordance with the law as existed under the repealed statute. .....
Tag this Judgment!Court : Supreme Court of India
..... of delhi through which the motor accident compensation of rs 40.71 lakhs awarded by the motor accident claims tribunal, rohini (hereinafter, tribunal ) on 24.12.2016 under section 168 of the motor vehicle act, 1988 ( mv page | 1 act ), was reduced to rs 22 lakhs. factual matrix3 the deceased couple, vinod and poonam, while commuting ..... registration dl7a1053. the impact immediately incapacitated both the deceased and they soon passed away from cranio cerebral damage and haemorrhagic shock caused by the accident s blunt force trauma.4. an fir was registered under sections 279 and 304 of the indian penal code, 1860 (hereinafter, ipc ) against the driver, and the ..... concluded that the car driver was indeed driving rashly and thus liability ought to be fastened on the respondent insurer. regarding the quantum of compensation, the tribunal began by determining the ages of poonam and vinod as being 26 and 29 years respectively. consequently, an age multiplier of 17 was adopted. although the .....
Tag this Judgment!Court : Supreme Court of India
..... to all judicial proceedings in or before any court, including courts- martial, other than courts-martial convened under the army act, the naval discipline act or the indian navy (discipline) act, 1934, or the air force act but not to affidavits presented to any court or officer, nor to proceedings before an arbitrator;25. this would be sufficient ..... (a) in an arbitration other than an international commercial arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration in accordance with the substantive law for the time being in force in india;42.2. (b) a contravention of the arbitration act itself would be regarded as a patent illegality for example if an arbitrator gives ..... division bench concluded: 29. we are aware that a court seized of proceedings under section 37 of the a&c act is not to re-appreciate evidence, muchless in a case where the arbitral tribunal as well as the single judge under section 34 have agreed with a certain view on the facts of the case. .....
Tag this Judgment!Court : Supreme Court of India
..... court on an application for reference under section 11 or for stay of pending judicial proceedings and reference under 64 section 8 of the arbitration act; secondly, before the arbitral tribunal during the course of the arbitration proceedings; or thirdly, before the court at the stage of the challenge to the award or its enforcement ..... prima facie case or exercise restraint. the legal order needs a right balance between avoiding arbitration obstructing tactics at referral stage and protecting parties from being forced to arbitrate when the matter is clearly non-arbitrable.7389. accordingly, when it appears that prima facie review would be inconclusive, or on consideration inadequate ..... trust property or any part thereof. here again, such permission can only be given by an arm of the state, namely, the principal civil court of original jurisdiction. under section 74 of the indian trusts act, 29 under certain circumstances, a beneficiary may apply by petition to a principal civil court of .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... or otherwise and that can be cured so as to avoid a challenge based on the aforesaid curable defects under section 34 of the arbitration act. however, in this case such remand to the tribunal would not be beneficial as this case has taken more than 25 years for its adjudication. it is in this state of affairs that ..... unintelligible awards.37. at this juncture it must be noted that the legislative intention of providing section 34 (4) in the arbitration act was to make the award enforceable, after giving an opportunity to the tribunal to undo the curable defects. this provision cannot be brushed aside and the high court could not have proceeded further to determine the ..... division bench of the 31 calcutta high court has committed an error while remanding the matter for consideration before the arbitral tribunal as there was no written request made as per section 34(1) of the act and accordingly the order passed by the division bench of the calcutta high court is set aside but liberty is given .....
Tag this Judgment!Court : Supreme Court of India
..... janta personnel accident insurance policy of one lac each was in respect of 79 security personnel. it was lastly submitted that the appellant did not approach the tribunal under section 7i of the epf act against the order passed under section 7a, where all disputed facts could have been examined and instead filed a writ petition directly. 34. the writ ..... , date of commencement of duty and date of discontinuance. part iv contains the name of the security guard/supervisor, address of the place of duty, if accompanied by arms, date and time of commencement of duty and date and time of end of duty.9. we have no doubt in our mind that the appellant is engaged in ..... or property. a licence is mandatory under section 4 and those security agencies existing since earlier were mandated to obtain such licence within one year of coming into force of the act. a complete procedure is provided with regard to making of an application for grant of a licence under section 7, renewal under section 8 of the .....
Tag this Judgment!Court : Supreme Court of India
..... dispute or claim and each party shall pay its own fees, disbursements and other charges of its counsel, except as may be determined by the arbitration tribunal. the arbitration tribunal would have the power to award interest on any sum awarded pursuant to the arbitration proceedings and such sum would carry interest, if awarded, until the ..... party transactions which were not permitted pursuant to clause 7.5 of schedule 3 of the ssa and which, in any event, had not been concluded on an arm's length basis; j. the representations and/or warranties contained in clause 10 of schedule 3 of the ssa because avitel india's and the subsidiaries' accounts ..... contained in any other law for the time being in force, in matters governed by this part, no judicial authority shall intervene except where so provided in this part. section 16(1) of the 1996 act states: 16. competence of arbitral tribunal to rule on its jurisdiction. (1) the arbitral tribunal may rule on its own jurisdiction, including ruling on .....
Tag this Judgment!Court : Supreme Court of India
..... . s. s. bedi versus .... appellants union of india & ors. . respondent (s) judgment l. nageswara rao, j.these appeals have been preferred against the 1. judgment of the armed forces tribunal, principal bench, new delhi (hereinafter, the tribunal ) by which the conviction of ex. lt. col. s. s. bedi by the general court martial was affirmed. however, the sentence of cashiering from service was converted ..... ) of the army act, 1950 was rejected on 30.05.1988. the conviction and sentence of the general court martial were challenged by the petitioner before the delhi high court in the year 2010. the writ petition filed by the appellant was transferred by the delhi high court to the principal bench of the armed forces tribunal, new delhi. the tribunal upheld the conviction of .....
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