Court : Supreme Court of India
..... 1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. 24 9.2 after the amendment by act 3 of 2016, section 8, now, reads as under: - 8. power to refer parties to arbitration where there is an arbitration agreement.- (1) a ..... tripartite agreement having bank of baroda as a party is independent of the original agreement. 7.4. learned counsel also highlighted the amendment in the act of 2015, wherein section 8 was amended envisaging that if the judicial authority is of the opinion that prima facie the arbitration agreement exists, then it shall refer the ..... v. discovery enterprises: (2022) 8 scc42and intercontinental hotels v. waterline hotels: (2022) 7 scc662he has submitted that unless the issue before the court patently indicates existence of deadwood, courts should ensure that arbitration is carried on. learned counsel would submit that the high court has adopted a rather restrictive interpretation of the .....
Tag this Judgment!Court : Supreme Court of India
..... advance release order facility shall not be available for procurement of inputs 11nder advance authorization scheme except for inputs listed in schedule 4 of central excise act, 1944 read with the taxation laws (amendment) act 2017 no 18 of 2017, with effect from july l, 2017. ras are directed not to issue aro except for schedulc-4 items as ..... like article on its supply in india, on the value of the imported article as determined under sub-section (10).45. section 3 of the customs tariff act, 1975 as amended after the coming into force of the gst regime, provided for levy of the following additional duties: (1) levy of a duty (referred to as additional ..... merely because it feels that another policy decision would have been fairer or wiser or more scientific or logical. the court can interfere only if the policy decision is patently arbitrary, discriminatory or mala fide. in r.k. garg (supra) this court similarly spelt out the circumscribed role that the court has, in considering the validity .....
Tag this Judgment!Court : Supreme Court of India
..... or partially, in the course of which they had made their award. 13 12 air1934pc105 13 c. v. nagarjuna reddy, role of arbitration in the wake of cpc (amendment) act, 1999, the indian council of arbitration, 33 54. it is quite evident from the above-mentioned clause that the bengal regulations contained provisions to enable the parties to ..... under section 8, the scope may be wider as one has to see whether there was a valid arbitration agreement. it is his submission that unless it is patently void, subject matter arbitrability should be left to the arbitrator. in a section 8 application, the court should not undertake the exercise of examining of the issue relating ..... . .[f].or the purpose of taking a decision on these aspects, the chief justice can either proceed on the basis of affidavits and the 45 (2000)7 scc20146(2002) 2 scc388page 30 of 78 documents produced or take such evidence or get such evidence recorded45. however, justice c.k. thakker dissented from the majority opinion and came .....
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..... also appealable under section 111 to aptel, and thereafter to this court under section 125 of the act. tariff orders under section 64 of the act are quasi-judicial in nature and ipso facto binding on the parties unless amended or modified through law.5. on 29.01.2010, the central electricity regulatory commission (terms and ..... of the above contention.24. mr. sundaram argued for the appellants that the plea of coercion or duress or unequal bargaining etc, raised by the wpds was patently erroneous for the following reasons: (a) the petition before the state commission was filed only by the first two respondents; therefore, it cannot be a ground ..... price band is subject to periodic revision; hence fixed appc or long-term contract without escalation might affect viability of re projects. in any case proposed amendment provides that appc would be determined by the appropriate commission29. counsel appearing for the association submitted that in terms of the regulatory framework, ppas executed by .....
Tag this Judgment!Court : Supreme Court of India
..... of the deceased or any of his heirs to claim on intestacy a share in the interest referred to therein.58. the substituted section 6 of the principal act as amended by the amendment act, 2005 which is in force w.e.f. 9.09.2005 reads as under: 6. devolution of interest of coparcenary property. (1) on and from ..... on the contentious issues by the learned trial court, this court requires interference with the impugned judgment in this appeal though, this court's jurisdiction in this letter patent appeal is also analogous to the first appellate court?. (iii) whether the findings recorded in issue no.5, holding that some of the schedule properties are self- ..... (respondent no.2 herein) challenged the validity of the settlement deed referred to above vide cross appeal in the aho no.133 of 2000.17. in the letters patent appeal filed by the appellants herein, the court addressed itself on the following points of determination: (i) whether the findings and reasons recorded on the contentious issues by .....
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..... court directed that while considering tribunal/appellate tribunal and other authorities (qualifications, experience and other conditions of service of members), the rules, 2020 shall be amended to make advocates with an experience of at least 10 years eligible for appointment as judicial members in the tribunals. that thereafter, the central government framed tribunal ..... been culled out as under: a) the effect of the judgments of the court can be nullified by a legislative act removing the basis of the judgment. such law can be retrospective. retrospective amendment should be reasonable and not arbitrary and must not be violative of the fundamental rights guaranteed under the constitution. b ..... 29.03.1974. the writ petition was allowed by the learned single judge against which a letters patent appeal (lpa) was preferred by the lic. during the pendency of the lpa, the lic (modification of settlement) act, 1976 came into force. the lpa was withdrawn in view of the subsequent legislation and the .....
Tag this Judgment!Court : Supreme Court of India
..... high court also held that respondent no.5 is entitled to use the platform in front of shop no.27 till any 3 alternative policy comes by way of amendment in the act or the rules, pertaining to the issue of rights to use the platform. the learned single judge also held that right to use the platform and to have the ..... bench of the high court has dismissed the said letters patent appeals thereby confirming the judgment and order passed by the learned single judge dismissing the writ petitions, the original writ petitioner has preferred the present appeals. 12. the facts leading ..... . shah, j.1. feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.10.2013 passed by the high court of punjab and haryana at chandigarh in letters patent appeal nos. 2130/2011 and 2131/2011 and the subsequent order dated 17.12.2013 passed in cm no.5249/2013 in lpa no.2130/2011, by which, the division .....
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..... mst. chhotaka bibi & ors.2 this court while dealing with section 149 of cpc and section 4 of the court fees act, referred to the history of amendment, as we have stated above, and had this to say in its para 12 and 13 of the judgment:- 2 ..... assigned his right to the plaintiff who thereafter filed the suit for specific performance. section 118 of the himachal pradesh tenancy and land reforms act, 1972 reads as under: 1[118. transfer of land to non- agriculturist barred: - (1) notwithstanding anything to the contrary contained in ..... the provision as given under section 4 of the court fees act was felt to be extremely rigorous at times and for this reason in the old code of civil procedure i.e. of 1882, an amendment was inserted in the year 1892 which was section 522-a ..... (1970) 1 scc769page 6 of 17 12. the above section therefore mitigates the rigour of section 4 of the court fees act and .....
Tag this Judgment!Court : Supreme Court of India
..... the prescribed number. however, thereafter, by the impugned judgment and order the high court has allowed the appeal preferred by the respondent herein taking the view that amendment to section 1 of the esi act by which sub- section (6) of section 1 came to be inserted w.e.f. 20.10.1989, the same shall not be applicable retrospectively ..... submitted that the high court has materially erred in allowing the appeal and setting aside the demand notices even for the period post 20.10.1989 by holding that amendment to section 1 by inserting sub-section (6) shall not be applicable retrospectively. 3.1 it is vehemently submitted that the high court has not properly appreciated the ..... ultimately flow from the words used in the section. if the words used in the section are capable of two constructions one of which is shown patently to assist the achievement of the object of the act, courts would be justified in preferring that construction to the other which may not be able to further the object of the .....
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..... parish and others vs. union of india and another, (2000) 5 scc471 the challenge 34 was to the validity of section 9 of reserve bank of india act as amended by the amendment act 1997 on the ground that it was violative of article 14 and article 19(1)(g) of the constitution. this court dismissed the challenge to the said provision ..... of a compensatory or a regulatory tax as valid. in this connection, reliance has been placed upon the following judgments:11. (i) ranjit singh vs. taxation officer, rampur and etc (2002 scc online all 75 (para 14,15, 22 and23) (ii) in state of himachal pradesh and ors. vs. yash pal garg (dead) by lrs and ors. (2003) ..... inter-state trade, commerce and intercourse. the nexus between the levy and the service is so patent in the case of such taxes that we need say no more about it. the karnataka motor vehicles taxation act and the motor vehicles taxation acts of other states are without doubt 42 regulatory and compensatory legislations outside the range of article 301 .....
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