Court : Karnataka
..... permission is the interest of the workmen. the aforementioned provisions being imperative in character would prevail over the right of the parties to arrive at a settlement. such a settlement must conform to the statutory conditions laying down a public policy. a contract which may otherwise be valid, however, must satisfy the tests of ..... coming to an end is again completely misconceived inasmuch as when a factory makes losses during the settlement period, it cannot be expected that factory continue to work under loss and the management invest funds only to make payment of salaries to the workmen.-. 88 - wp no.6795 of2020and connected matters1933. to further test ..... the situation in the event of there being an earthquake or a natural disaster destroying the factory during the period of settlement, i am of the considered opinion that the .....
Tag this Judgment!Court : Supreme Court of India
..... role of courts in the arbitral process, as also to permit arbitral tribunal to use mediation, conciliation or other procedures during the arbitral proceedings in the settlement of disputes etc17. the arbitration act, 1996 focuses and covers the law relating to the arbitration and conciliation, providing for the requirements of the arbitration ..... and medium enterprises and for matters connected therewith or incidental thereto. the act has been divided into six chapters, and chapter-v pertains to the delayed payments to micro and small enterprises. 7. some of the definitions and provisions contained in the msmed act, 2006 being relevant for the purpose of deciding ..... of such enterprises, in accordance with the guidelines or instructions of the reserve bank of india; - to make further improvements in the interest on delayed payments to small scale and ancillary 10 industrial undertakings act, 1993 and making that enactment a part of the proposed legislation and to repeal that enactment.6. .....
Tag this Judgment!Court : Supreme Court of India
..... income from it. a mere direction that the income from the business shall be applied to the charitable objects of a trust, without there being a settlement of the business itself upon trust, does not result in any trust or legal obligation.164. it is now, necessary to consider thanthi trust ( ..... control through accurate monitoring and stock levels for commodities, security and safety of supply chains, detection of illegal trade, etc. the unique identification or coding system developed and operated by gs1 international or gs1 india is recognized and accepted globally. additionally, the unique identification code can be enabled with rfid chip ..... effect that there is need to distinguish commercial activity which constitutes disqualification under clause (b) to section 10(46) of the act, and charging and payment of fee, service charges, reimbursement of costs or consideration for transfer of rights for performing and undertaking regulatory or administrative duties for general public interest, .....
Tag this Judgment!Court : Supreme Court of India
..... to seek enforcement of agreement before the court of law as per clause 36, thereafter, has appointed the arbitrators by solely observing that the same does not bar settlement of disputes through arbitration and conciliation act, 1996. however, the high court has not appreciated and considered the fact that in case of dispute as mentioned in ..... . [(2011) 5 scc532(para 34)]., it is observed and held that there are facets of non arbitrability, namely (i) whether the disputes are capable of adjudication and settlement by arbitration?. that is, whether the disputes, having regard to their nature, could be resolved by a private forum chosen by the parties (the arbitral tribunal) or whether ..... clauses 36 and 37 makes it clear that a party does have a right to seek enforcement of agreement before the court of law but it does not bar settlement of disputes through arbitration and conciliation act, 1996. by observing so, the high court has allowed the application under section 11(5) & 3 (6) and has .....
Tag this Judgment!Court : Supreme Court of India
..... preliminary issue on the question of limitation, evidently, upon forming the opinion that case may be 2 disposed of on an issue of law and that it warrants postponement of settlement of other issues until after that issue has been determined and to deal with the suit in accordance with the decision on that issue. accordingly, the trial court framed a ..... in the plaint averments. in such a circumstance, if the court concerned is of the opinion that limitation could be framed as a preliminary point and it warrants postponement of settlement of other issues till 17 determination of that issue, it may frame the same as a preliminary issue and may deal with the suit only in accordance with the decision .....
Tag this Judgment!Court : Supreme Court of India
..... reserved the case for orders on 03.08.2022. after four weeks, on 01.09.2022 the learned counsels informed this court that the parties could not arrive at any settlement.14. conclusion: we have given our anxious consideration to the dispute in hand. our impression that the parties must settle their disputes amicably got strengthened after we heard the ..... , which the appellants did not in this case.9. after taking note of the basic facts we were of the opinion that this is a fit case for amicable settlement as the contesting parties are all closely related to each other. we put forth our suggestion to the learned counsel appearing for the parties that it would be in the ..... which ideally, he should have if he was a partner of the firm. this made the court draw such an inference as he never cared to protest about the non payment of profits right from 1973 till, he died in 1997. with respect to the argument regarding non compliance with section 32 of the partnership act, 19321, the court held .....
Tag this Judgment!Court : Karnataka
..... (including those in relation to which the present petition has been filed) to be referred to conciliation, to record the settlement arrived at between them, and to have the same bind them all under sections 73 and 74 of the arbitration and conciliation act, 1996.4. therefore, the parties hereby most ..... several discussions with an attempt to amicably resolve the said disputes, and also other disputes between the parties.3. it is submitted that the parties have arrived at a holistic settlement, which they wish to reduce to writing before a conciliator so as to bind them all as an 'award'. hence, the parties mutually consent for all their inter se disputes .....
Tag this Judgment!Court : Karnataka
..... surveyor to measure the lands and submit the report. the commissioner appointed is none other than the joint :146. : director of land records, department of survey and settlement. by the said order, this court directed the commissioner to survey the lands situated in block nos. 1, 2, 3 and 4 as per the sketch submitted in ..... 33 of the mc rules in the presence of representatives from nmdc and dms. since the court had appointed the joint director of land records, survey and settlement as the commissioner, it would be appropriate for the director of land records to carry out the survey to be conducted. the correct point on the north- ..... of karnataka and renewed the lease for another ten years. accordingly, accused no.2 company had undertaken mining operation by following all procedures prescribed by dmg department including payment of royalty and obtaining of permit. thereby no illegality was committed by accused no.2 company. further, accused no.2 company had filed an application for renewal. .....
Tag this Judgment!Court : Karnataka
..... surveyor to measure the lands and submit the report. the commissioner appointed is none other than the joint :146. : director of land records, department of survey and settlement. by the said order, this court directed the commissioner to survey the lands situated in block nos. 1, 2, 3 and 4 as per the sketch submitted in ..... 33 of the mc rules in the presence of representatives from nmdc and dms. since the court had appointed the joint director of land records, survey and settlement as the commissioner, it would be appropriate for the director of land records to carry out the survey to be conducted. the correct point on the north- ..... of karnataka and renewed the lease for another ten years. accordingly, accused no.2 company had undertaken mining operation by following all procedures prescribed by dmg department including payment of royalty and obtaining of permit. thereby no illegality was committed by accused no.2 company. further, accused no.2 company had filed an application for renewal. .....
Tag this Judgment!Court : Karnataka
..... surveyor to measure the lands and submit the report. the commissioner appointed is none other than the joint :146. : director of land records, department of survey and settlement. by the said order, this court directed the commissioner to survey the lands situated in block nos. 1, 2, 3 and 4 as per the sketch submitted in ..... 33 of the mc rules in the presence of representatives from nmdc and dms. since the court had appointed the joint director of land records, survey and settlement as the commissioner, it would be appropriate for the director of land records to carry out the survey to be conducted. the correct point on the north- ..... of karnataka and renewed the lease for another ten years. accordingly, accused no.2 company had undertaken mining operation by following all procedures prescribed by dmg department including payment of royalty and obtaining of permit. thereby no illegality was committed by accused no.2 company. further, accused no.2 company had filed an application for renewal. .....
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