Court : Supreme Court of India
..... staying with her husband in her family property.3. whether she has any maternal uncle, who plays a very important role in their family matters, which includes settlement of matrimonial disputes. the woman should also disclose her clan and her lineage.4. the woman should disclose if her children have adopted the surname of her ..... separate format of affidavit has been provided for the residents of the state of meghalaya considering its special status. it is predominantly a tribal area and follows matrilineal system of society.12. in neha tyagi v. lieutenant colonel deepak tyagi, (2022) 3 scc86 this court while upholding the decree of divorce granted by the courts ..... and maintenance act, 1956, and criteria for determining quantum of maintenance, date from which maintenance is to be awarded, enforcement of orders of maintenance including fixing payment of interim maintenance. as a result, the litigation which should close at the trial level is taken up to this court and the parties are forced to .....
Tag this Judgment!Court : Supreme Court of India
..... parties shall fix the date of appearance before such forum or authority and in the event of the parties opting to any one of the modes of settlement directions be issued to appear on the date, time and venue fixed and the parties shall so appear before such authority/forum without any further notice at ..... shall be proceeded from day to day as contemplated under the proviso to rule (2). ix. the courts shall give meaningful effect to the provisions for payment of cost for ensuring that no adjournment is sought for procrastination of the litigation and the opposite party is suitably compensated in the event of such adjournment ..... of this court in salem bar association vs. union of india air2003sc1892003 (1) scc49a committee was appointed to study the application on implementation of case flow management system in india, and in response, case flow management rules for high courts and subordinate courts were meticulously crafted. these guidelines mirrored the suggestions outlined in the national .....
Tag this Judgment!Court : Supreme Court of India
..... 55, 56, 57, 58 and 59 of the 1959 act. thus, the 1959 act is a complete code insofar as acquisition of the land, payment of compensation for its acquisition and settlement of disputes regarding the compensation payable therefor are concerned. as a result, by necessary implication, the civil court s jurisdiction is barred from entertaining any claim ..... 2015-16 (daksh, may 2016) accessed 19 september 2023. page 38 of 40 instance. the aggrieved land loser is often unable to access justice from the judicial system. therefore, having regard to the limited relief that can be obtained from a revenue court under tenancy act, 1955, to deny the land losers access to civil court ..... of section 52 provides that where the land has been acquired for the trust, the state government shall, after it has taken possession of the land and on payment by the trust of the amount of compensation determined under section 53, and of the other charges incurred by the state government in connection with the acquisition, .....
Tag this Judgment!Court : Karnataka
..... it is evident from the pre-summoning evidence led and the assertions made in the criminal complaint that the dispute raised by respondent 2 complainant primarily pertains to settlement of accounts. the allegations are: (i) goods supplied by jipl were not as per the requirements and demands of respondent 2 complainant, 36 (ii) ..... suppression of facts in the court proceedings.19. in subrata roy sahara v. union of india it was observed as under:44. 191. the indian judicial system is grossly afflicted with frivolous litigation. ways and means need to be evolved to deter litigants from their compulsive obsession towards senseless and ill- considered claims.20 ..... dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance 19 or receipt for the delivery of any movable property or valuable security, shall be punished with [imprisonment for life]., or .....
Tag this Judgment!Court : Supreme Court of India
..... the industrial disputes act, 1947 or the factories act, 1948 or any corresponding law relating to civil appeal no.3592 of 2019 page 29 of 31 investigation and settlement of industrial dispute in force in a state shall apply to members of the force (rpf), there is no exclusion of the applicability of the provisions of the ..... act, 1957 (in short, the 1957 act ). relevant provisions of the 1923 act 22. the preamble of the 1923 act reads thus: an act to provide for the payment by certain classes of employers to their workmen (now substituted by the word employees ) of compensation for injury by accident.23. clause (n) of sub-section (1) of ..... exclude the applicability of the 1923 act, inasmuch as section 19 of the 1957 act, which was simultaneously amended, though excludes the applicability of certain other acts such as payment of wages act, 1936, industrial disputes act, 1947 and factories act, 1948, does not exclude the applicability of the 1923 act. this clearly indicates that the legislative .....
Tag this Judgment!Court : Supreme Court of India
..... are between a civil court, arbitral tribunal or a debt recovery tribunal constituted under the rddb act. insofar as that election is concerned, the mode of settlement of disputes to an arbitral tribunal has been elected. the provisions of the sarfaesi act are thus, a remedy in addition to the provisions of the ..... ii and andhyarujina committee constituted by the central government for the purpose of examining banking sector reforms have considered the need for changes in the legal system in respect of these areas. these committees, inter alia, have suggested enactment of a new legislation for securitisation and empowering banks and financial institutions to ..... stood extinguished upon publication of the auction notice. if the borrower is permitted to redeem the mortgage at the very last moment, more particularly even after payment of entire amount by the auction purchaser, then no auction would ever attain finality and indirectly, the borrower is given indefinite time to repay the outstanding .....
Tag this Judgment!Court : Supreme Court of India
..... and (b). clause (b) consists of two sub-clauses, namely, sub-clause (i) which states that when the subject matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, and sub-clause (ii), which states that the court can set aside an arbitral award when the award ..... the authors accept what has been highlighted above, and the need to take care in delay cases to avoid any double recovery, overlap with other claims, or when payments are obtained by the contractor on account of variation(s), or any damages for breach have to be concluded by using contract price. thickening , by adding unreasonable expenses ..... of the contract value towards overheads and another 10% towards profit/profitability to arrive at the above figure, after taking into account the same percentages from the payments already received by them. my finding is that the owner respondents are fully responsible for the huge delay that occurred by not taking proper and timely action in .....
Tag this Judgment!Court : Supreme Court of India
..... that he was unfit for appointment in the police department. here was a case where the complainant had reneged from the statement made to the police in view of a settlement arrived at with the respondent. it is noteworthy that the incident, subject matter of the criminal case3 had occurred on 14th february, 2015, and judgement was pronounced by the trial ..... turned hostile. on a perusal of the judgement6 passed by the first additional sessions judge, ashok nagar, mp in the sessions case4, it transpires that the parties arrived at a settlement. as a result, not only the complainant but even her friends who had witnessed the incident, went into a denial mode and refused to support the case set up by .....
Tag this Judgment!Court : Supreme Court of India
..... 2022 page 16 of 32 n) there being repeated acknowledgments, not only by way of the debt being reflected in the balance sheet, but also repeated proposal for one-time settlement by the corporate debtor, which extended the limitation, respondent no.2 would be entitled to the benefit of section 18 of the limitation act. o) the nclt as also ..... the purposes of this section, (a) an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to ..... ruby mills ltd. seeking intervention in the present proceedings on the ground that they had to pay balance advance amount of rs 78,50,00,000 as full and final payment toward the claims made by corporate debtor which was not being accepted in view of the initiation of the present proceedings under ibc.30. ia no.153166 of 2022 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... hearing, the court may direct that the parties also be present for such case management hearing, if it is of the view that there is a possibility of settlement between the parties.7. adjournment of case management hearing. (1) the court shall not adjourn the case management hearing for the sole reason that the advocate appearing ..... party fails to comply with the order of the court passed in a case management hearing, the court shall have the power to (a) condone such non-compliance by payment of costs to the court; (b) foreclose the non-compliant party's right to file affidavits, conduct cross- examination of witnesses, file written submissions, address oral arguments ..... not present: provided that an adjournment of the hearing is sought in advance by moving an application, the court may adjourn the hearing to another date upon the payment of such costs as the court deems fit, by the party moving such application. (2) notwithstanding anything contained in this rule, if the court is satisfied .....
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