Court : Supreme Court of India
Decided on : Dec-18-2020
..... limited . respondent(s) judgment a.s. bopanna, j.1. the petitioner has instituted this petition under section 11(5) of the arbitration and conciliation act, 1996 ( act, 1996 for short) seeking appointment of a sole arbitrator for resolving the disputes that have arisen between the parties in relation to the sub lease deed dated ..... for arbitration needs elaboration to consider the arbitrability of the dispute relating to lease/tenancy agreements/deeds when such lease is governed by transfer of property act, 1882 ( tp act for short) and iron out the creases on the legal aspect. the learned counsel for the petitioner asserts 6 that the tenancy in the instant ..... it was clearly indicated that non arbitrability is in respect of tenancy governed by special statutes, still upheld the order rejecting the application under section 8 of act, 1996 seeking reference to arbitration.10. the observations contained in para 23 and 24 of himangni enterprises (supra) has brought within its sweep the non .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-02-2020
..... given to allottees of flats/apartments are therefore concurrent remedies, such allottees of flats/apartments being in a position to avail of remedies under the consumer protection act, 1986, rera as well as the triggering of the code.32. we, therefore, reject the submissions advanced by the appellant and answer the questions raised ..... to provide for better redressal, mechanism through which cheaper, easier, expeditious and effective redressal is made available to consumers. to serve the purpose of the act, various quasi-judicial forums are set up at the district, state and national level with wide range of powers vested in them. these quasi-judicial forums ..... therewith contained in any other law for the time being in force.20. the question whether the remedies available to the consumers under the provisions of the cp act would be additional remedies, was considered by this court in some cases, the notable cases being:- i) in secretary, thirumurugan cooperative agricultural credit society vs. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-04-2020
..... to another company by name, sarvadnya industries private limited, and that a bank 6 by name, janata sahkari bank limited, pune had taken possession of the same under the sarfaesi act; and (iv) that even the advertisement issued by the resolution professional on 30.03.2018 inviting expression of interest, was vitiated in as much as the invitation contained therein was ..... . it was not his case at all that the resolution plan was 19 submitted by the sra after the last date, but the same was predated by the resolution professional acting in collusion.32. it appears from the impugned order of nclat that only in the course of hearing of the appeal, the date 09th february 2019 type written at the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jun-12-2020
..... establishment. the impugned notifications have the effect of completely negating the statutory provisions under the industrial disputes act, 1947. the respondent should not compel the employers to pay the wages for lockdown period but instead should utilise the funds collected by employees state ..... payment of wages. the central government has the power to allocate funds for 6 emergency response, relief, rehabilitation, mitigation of disasters under disaster management act. the ultimate onus for any compensation towards workers shall ultimately be of government and the said liability cannot be shifted upon the employers in the private ..... (i.e. w.p.(civil) diary no.10981/2020) have been filed by different employers, employers associations questioning the orders issued under disaster management act, 2005 and other consequential orders issued by different states where directions have been issued that all the employers be it in the industries or in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-2020
..... date as may be notified by the central government in this behalf, (a) xxx xxx xxx (b) xxx xxx xxx (c) all proceedings under the companies act, 1956, including proceedings relating to arbitration, compromise, arrangements and reconstruction and winding up of companies, pending immediately before such date before any district court or high court ..... an appeal within the said period, allow it to be filed within a further period not exceeding sixty days; and (c) all proceedings under the companies act, 1956 (1 of 1956), including proceedings relating to arbitration, compromise, arrangements and reconstruction and winding up of companies, pending immediately before such date before any ..... law administration (herein in this section referred to as the company law board) constituted 4 under sub-section (1) of section 10e of the companies act, 1956 (1 of 1956), immediately before such date shall stand transferred to the tribunal and the tribunal shall dispose of such matters, proceedings or cases .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-2020
..... filed on 13.08.2018 [ the information ]., sought that the competition commission of india [ cci ]. initiate an inquiry, under section 26(2) of the competition act, 2002 [ the act ]., into the alleged anti-competitive conduct of ani technologies pvt. ltd. [ ola ]., and uber india systems pvt. ltd., uber b.v. and uber technologies ..... redressal of grievances affecting public interest by enacting a proper legal framework. however, the 6 fact remains that when a statute like the competition act specifically provides for the mode of taking cognizance of allegations regarding contravention of provisions relating to certain anti-competitive agreement and abuse of dominant position ..... by other participants, in markets in india: provided that the commission may, for the purpose of discharging its duties or performing its functions under this act, enter into any memorandum or arrangement with the prior approval of the central government, with any agency of any foreign country. inquiry into certain .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2020
..... counsel, mr. sourav agarwal on behalf of the respondent in civil appeal no.2402 of 2019, contended that: the court under section 8 and 11 of the act, does not act as a mere post office. this is a case in which the appellants have participated in the arbitral proceedings. relying upon various judgments, including certain high court judgments ..... was with the specific object and purpose and is relatable to by substitution of 135 sub-sections (12), (13) and (14) to section 11 of the arbitration act by act 33 of 2019, which, vide sub-section (3a) stipulates that the high court and this court shall have the power to designate the arbitral institutions which have been ..... their orders which powers are far greater than the power of the ordinary civil court. after referring to the amendments made to sections 8 and 11 of arbitration act by act no.3 of 2016, it was observed that the amendments cannot be given such expansive meaning so as to inundate entire regime of special legislation where such .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-07-2020
..... appropriate remedy provided in the criminal code.37. recently, this court in shreya singhal, accepting the constitutional challenge and striking down section 66a of the information technology act, 2000, had differentiated between categories and adopted the scales test when offensive speech would be criminalised, observing: 13...there are three concepts which are fundamental in understanding ..... the federal court in niharendu dutt majumdar and the decision of the privy council in sadashiv narayan bhalerao, which had approved the elucidation by strachey, j.in bal gangadhar tilak. this court held that the exposition of law by the federal court in niharendu s case would be apposite and in conformity with the amended clause ..... v. state of maharashtra and another,17 p.k. chakravarty v. the king,18 pravasi bhalai sangathan v. union of india and others,19 queen-empress v. bal gangadhar tilak,20 r. v. zundel,21 r. p. kapur v. state of punjab,22 ramesh s/o chhotalal dalal v. union of india and others,23 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-27-2020
..... by using abusive language will not, by itself, constitute the abetment of suicide. there should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. unless the ingredients of instigation/abetment to commit suicide are satisfied the accused cannot be convicted under section 306 ipc. ..... bhandari, observed: 25. abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. the intention of the legislature and the ratio of ..... fir also reveal that the deceased was suffering from mental pressure. furthermore, there is absolutely no allegation that the appellant had either instigated or committed any act to facilitate the commission of the crime. 24 mr salve further submitted that the judgment of this court in habib jeelani (supra) has been wrongly interpreted .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-18-2020
..... years full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards . section 23 of the rte act deals with qualifications for appointment of teachers and states:- 23. qualifications for appointment and terms and conditions of service of teachers.- (1) any person possessing ..... the teacher education system including qualifications of school teachers and for matter connected therewith . by the same amendment section 12a was inserted in the ncte act, the relevant part of said section being:- 12a. power of council to determine minimum standards of education of school teachers.- for the purpose of ..... and coordinated development of teacher education and for the determination and maintenance of standards for teacher education and for the purposes of performing its functions under this act, the council may (a)-(b) (c) co-ordinate and monitor teacher education and its development in the country; (d) lay down guidelines in .....
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