Court : Delhi
Decided on : Apr-30-2015
..... wording of the price-escalation clause in the contract between the parties. the tribunal had calculated price-escalation based on the price of a certain grade of coal, whereas a different grade was actually being used at the time. the court held: but on account of apparent error in the award, the calculation ..... municipal or statutory agency or other authority, restrains, injunctions from any court of law, withdrawal of permissions, non-availability of construction materials strikes, fire or any act of god, as also the prevailing real estate market conditions or any other reason or cause whatsoever beyond and the reasonable control of the developer. all periods ..... the tribunal had failed to consider sections 73 and 74 of the contract act, and relevant precedents, in awarding damages. what is patent illegality has been clarified in subsequent cases. let us consider some of them. in hindustan coal ltd. vs friends coal carbonisation, (2006) 4 scc445 the court set aside an arbitral award which .....
Tag this Judgment!Court : Delhi
Decided on : Oct-20-2015
..... preempt the sale deeds in favour of the defendant by asserting their rights as a co-sharer, under section 15(1)(b), fourthly, of the punjab preemption act, 1913 (punjab act 1 of 1913), as by an earlier sale in their favour, by harinder singh co-sharer, they had become co-sharers in the land sold by ajmer ..... digest, wherein it has been stated: if a man once determines his election, it shall be determined forever. ? xxx xxx xxx 49. in kok hoong v. leong cheong kweng mines ltd. [1964 ac 993 : (1964) 2 wlr 150 : (1964) 1 all er 300 (pc)] the privy council held that: (ac p. 1018) a litigant may be ..... examine the property to suggest manner of division. (ref : shub karan bubna, para 18.2) (v) consequential division by metes and bounds is a ministerial or administrative act requiring physical inspection, measurements, calculations and consideration of various permutations/ combinations/alternatives of division which is referred to the collector/local commissioner under order xxvi. this duty in the .....
Tag this Judgment!Court : Delhi
Decided on : Nov-23-2015
..... back and not play truant or for that matter play possum. as we have noticed, he has been able to do such adventurous acts as he has the embedded conviction that he will not be taken to task because an application under section 156(3) cr.p. ..... it was observed by the hon'ble apex court that with a view to make a director of a company vicariously liable for the acts of the company, it was obligatory on the part of the complainant to make specific allegations as are required in law. in ..... vice-president, neither the loan was taken, nor the default was made, nor any action under the sarfaesi act was taken. however, the action under the sarfaesi act was taken on the second time at the instance of the present appellant no.1. we are only stating ..... made out. it is also to be noted that when a borrower of the financial institution covered under the sarfaesi act, invokes the jurisdiction under section 156(3) cr.p.c. and also there is a separate procedure under the recovery of debts .....
Tag this Judgment!Court : Delhi
Decided on : Nov-30-2015
..... ) only saves as penalty, for the forfeiture or punishment incurred in respect of any offence committed. 32. similarly, in section 6(e) of the aforesaid act, it is not every investigation or legal proceedings which is saved rather investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability ..... ..........the submission is that in view of clause(c), (d) and (e) of sub-section(1) of section 8 of the bengal general clauses act, 1899 which provide that if any law is repealed then unless a different intention appears, the repeal shall not affect any liability incurred under any enactment so ..... order dated 05.07.2011 was substituted providing that deemed cognizance has been taken under section 23 read with section 4 of the foreign contribution (regulation) act, 1976 (hereinafter shall be called fcra, 1976'). 3. since the issues raised in both the petitions are inter-related, therefore, both these petitions were .....
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