Court : Delhi
Decided on : Sep-01-2011
..... to ensure that the orders passed in arbitral proceedings are not rendered nugatory". 31. mr. jain has submitted that section 48, which falls in part ii chapter i of the act, relates to enforcement of new york convention awards. sub-section (3) for section 48 enables the court to order the party challenging the award to give ..... supra) were made in the context of imposing conditions on the maintainability of a petition under section 34, and not in the context of section 9 of the act. 29. in cref finance limited (supra) also, this court rejected a similar submission. it was held "in the hiatus created by the conjoint operation of sections 34(3) and section ..... 2 bomlr 225; (ii) veda research laboratories limited v. survi projects, 164 (2009) dlt 388; (iii) cref finance limited v. puri construction limited & others, 87 (2000) dlt 449; (iv) associated hotels of india limited, delhi v. s.b. sardar ranjit singh, air 1968 sc 933; (v) m. anasuya devi and another v. m. manik reddy & others, (2003) 8 scc .....
Tag this Judgment!Court : Delhi
Decided on : Jul-25-2011
..... publication of an award. however, courts as well as the litigants, have by now become adept at grappling with and adjusting to the incongruencies in the a&c act. chapter-i of part ii is styled as.new york convention awards and substantially reproduces the new york convention, to which litigating parties before us are bound.3. returning ..... appellant/plaintiff is personally not a party to the arbitration agreement, albeit he has signed on behalf of the company in the capacity of its managing director. monnet finance and pampa hotels irresistibly and immediately comes to mind. the plaintiff/appellant does not expostulate that the company of which he is the managing director is not privy ..... arbitration agreement as well as the parties bound by it. a situation, similar to the one at hand, had arisen in pampa hotels as well as monnet finance.17. the impugned judgment proceeds on the basis that a civil suit seeks a declaration to the effect that the plaintiff does not have to submit to the .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
Decided on : May-19-2011
..... in union of india and another v. dineshkumar (2010(3) scc 161). though it related to sections 64, 70, 74, 117(1)(2) and 141 of the border security forces act 1968, the question was whether the court was to give reasons in support of its verdict. placing reliance on the decisions in somdatt datta v. union of india (air 1969 sc ..... be termed solely as indiscipline and it is not mandatory to hold a board of inquiry in corruption matters. as regards regulations 197(ii), 202, 205, 207 and 209 of chapter vii of regulations for the navy part ii (statutory) are concerned, they relate to the procedure for convening board of inquiry but do not bring corruption charges within the ambit ..... statute, are to be treated as part of the statute and as effective (see state of tamil nadu v. m/s. hind stone air 1981 sc 711 and peerless general finance and investment co. ltd v. reserve bank of india air 1992 sc 1033). these rules and regulations are integral parts of one whole scheme and are to be read together .....
Tag this Judgment!Court : Delhi
Decided on : Mar-07-2011
..... from the aforesaid, it appears that, firstly, the mandate of section 10 is over shadowed by that of section 14, which also falls in chapter ii of the specific relief act, and enlists cases in which the law prohibits the specific enforcement of contracts. secondly, the relief of specific performance is itself a discretionary relief. the ..... clear that the material change in status or shareholding should have indirectly resulted in a transfer or assignment of participating interest. as mentioned above the mass financing transaction does not have this effect "46. he refers to para 2 of the letter of the petitioner dated 23.06.2010 issued in response to ..... mortgaging, pledging, charging or otherwise encumbering at its own risk and cost all or part of its participating interest for the purposes of security relating to finance to the extent required for performing its obligation under the contract, provided that:i) such party shall remain solely liable for all its obligations relating to .....
Tag this Judgment!Court : Delhi
Decided on : Aug-12-2011
..... its own inputs and outputs; and is thus analyzed in terms of the basic economic tools like the laws of return, principle of equimarginal utility and the public finance. guided by these principles, the state is supposed to invest in education upto a point where the socio-economic returns to education equal to those from other state ..... of education, and therefore, need to be given free hand, as the main source can only be the funds collected from students which is the concept of self-financing education institution, and cost based educational institution. (ii) at the same time, it is also to be borne in mind that under the garb of increasing fee, ..... under article 30 of the constitution of india. their arguments were that article 30 includes a right of administration and as per chapter xi of delhi education rules, 1973 and other provisions of the 1973 act, the notification dated 11.02.2009 cannot be slapped/imposed on the minority unaided recognized schools, as it amounts to interference in .....
Tag this Judgment!Court : Delhi
Decided on : Sep-30-2011
..... process involved when "pet scrap and waste bottles are converted". according to the stand taken by the revenue this is covered by chapter note i to chapter 54 read with section 2(f) of the act. the circular also refers to the divergent stands as to the classification adopted in different jurisdictions of the central excise. it has ..... prayed for quashing of circular no. 929/19/2010-cx dated 29th june, 2010, issued by respondent no. 3, central board of excise and customs, ministry of finance (board, for short). it is alleged that the circular is patently illegal and contrary to the ratio approved and held by the customs, excise and service tax appellate tribunal ..... under:- "circular no. 929/19/2010-cx f.no. 55/1/2010-cs.1 government of india ministry of finance department of revenue new delhi the, june 29th 2010 order under section 37 b of central excise act, 1944 subject:- classification of polyester staple fibre manufactured out of pet scrap and waste bottles. in exercise of powers .....
Tag this Judgment!Court : Delhi
Decided on : Sep-13-2011
..... - panchgarh, bangladesh and thereby committed an offence punishable under section 302 of ipc. fourth charge committing a civil offence that is u/s 46, bsf act to say attempt to murder 1968 punishable u/s 307 ipc in that he, on the intervening night of 16th and 17th of november 2008, at moynaguri within ps tetulia, distt-panchgarh, ..... panchgarh, bangladesh and thereby committed an offence punishable under section 302 of ipc. second charge committing a civil offence that is u/s 46, bsf act say murder punishable u/s 302 ipc 1968 in that he, on the intervening night of 16th and 17th of november 2008, at moynaguri within ps tetulia, distt-panchgarh, bangladesh, by firing ..... of the charge, the commandant framed following 6 charges against the petitioner:- "first charge committing a civil offence that is u/s 46, bsf act say murder punishable u/s 302 ipc 1968 in that he, on the intervening night of 16th and 17th of november 2008, at moynaguri within ps tetulia, distt-panchgarh, bangladesh, by firing .....
Tag this Judgment!Court : Delhi
Decided on : May-23-2011
..... 4)(b) refers to improvement as well as clearance of the slum areas. we have already seen that while improvement under chapter iii of the act is confined to premises unfit for human habitation, slum clearance under chapter iv can include buildings used for residential s well as non-residential purposes". 35. a careful reading of the plaint makes ..... the ground of the house being unfit for human habitation it has to be demolished either singly under section 7 or as one of a block of buildings under chapter iv. so long therefore as a building can, without great detriment to health or safety, permit accommodation, the policy of the enactment would seem to suggest ..... premises or property occupied by him, as pointed out by the supreme court in calcutta credit corporation ltd. and another v. happy homes private ltd., a.i.r. 1968 supreme court 471, 477 (paragraph 15). therefore, on the death of a statutory tenant, no estate or interest in the property passes to his legal representatives. clause (b .....
Tag this Judgment!Court : Delhi
Decided on : Jan-17-2011
..... .11.1989 was executed between the parties. various permissions were to be obtained by the parties from different departments and authorities including the appropriate authority under chapter xx-c of the income tax act, 1961, dda and the rbi for enforcement of the agreement to sell. 5. the above-said appropriate authority i.e the income tax department by ..... to be set up.34. in andhra sugars ltd. and anr. v. state of andhra pradesh, air 1968 sc 599, the supreme court has observed that the compulsion of law is not coercion as defined in section 15 of the contract act, 1872. 35. in siddheshwar sahakari sakahar karkhana ltd. v. cit,(2004) 12 scc 1, the supreme ..... the appropriate authority duly granted the no objection certificate' vide its order dated 24.03.1993. the requisite permission was obtained from the appropriate authority under chapter xx-c of the income tax act.(ii) permission from rbi on 29.04.1987, an application was made by the defendants to the rbi under section 31(1) of the fera, .....
Tag this Judgment!Court : Delhi
Decided on : Jun-02-2011
..... .] (2) any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. 39.chapter iii of the act which deals with trial of election petitions, contains section 86 which reads as follows: 86. trial of election petitions.(1) the high court shall dismiss ..... of law having a bearing on the present petition. 38.the procedure for presentation of an election petition to the high court is laid down in chapter ii of the act, which contains the provisions extracted below:- "80. election petitions.no election shall be called in question except by an election petition presented in accordance ..... high court overruled a preliminary objection taken by the elected candidate that the election petition should be dismissed straightaway under the provisions of section 86 of the act, holding that the mistakes were of a superficial and insignificant nature, bordering on clerical or typing mistakes, and on the whole there was a substantial compliance .....
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