Court : Supreme Court of India
Decided on : Jul-23-2019
..... rs.1.11 crore. property located at plot no: a-014, pelican villa jaypee property located at irs colony, abhay khand, indirapuram, 2. mrs. seema kumari (wife of ajay kumar) made investments in different mutual funds amounting to rs.2.25 crore out of amounts received from amrapali group of companies during august ..... recovered as arrears of land revenue or by attachment and sale of property in the manner provided under the provisions of uttar pradesh municipal corporations act, 1959 (act no.2 of 1959). section 14 provides for the resumption of any site or building and forfeiture of whole or any part of the money ..... route and b) approval route. a) under automatic route 112 eligible borrowers can be corporates, including those in the hotel, hospital, software sectors the companies act 1956) and infrastructure finance companies, housing finance companies and non banking finance companies. (registered under recognised lenders can be international banks, suppliers of equipments, foreign .....
Tag this Judgment!Court : Delhi
Decided on : Jul-23-2019
..... economic offences affecting the financial and economic well being of the state , such as murder, attempt forgery, rape, dacoity, financial or economic frauds, cases under arms act, etc., the reason being that such offences to murder, extortion, mental depravity , as crl. m.c. no.613/2019 page 6 of 8 are not ..... if it arises out of commercial (financial, mercantile, partnership or such other) transaction - and this would include the cheque bouncing cases under section 138 n.i. act - or matrimonial dispute or family dispute , genuine resolution on equitable terms, in entirety, by the parties should result in criminal proceedings being quashed. (v). since ..... second respondent that certain other cases involving the parties have come to an end, her petition under section 12 of protection of women from domestic violence act, 2005 having been withdrawn, the criminal miscellaneous petition challenging the interim order having been also dismissed as withdrawn, cases arising out of the three other .....
Tag this Judgment!Court : Delhi
Decided on : Jul-22-2019
..... inapplicable to the present case. 23. in the present case, the circumstances clearly warranted the petitioners to ascertain whether ms shefali varma had the requisite authority to act on behalf of the companies. the subject matter of the agreement was a land owned by the companies. as noticed above, the recitals of the agreements ..... irregularities by making inquiries that are normally expected to be made before entering into such transactions, cannot seek recourse of doctrine of indoor management if he has acted negligently and not made the inquiries that are normally made in such cases. transactions, which are beyond the scope of the apparent authority of the person ..... be settled by arbitration referred to a sole arbitrator, to be mutually appointed by the disputing parties in accordance with the provisions of the arbitration and conciliation act, 1996 and any statutory amendments thereto from time to time. 16.2 the award of the arbitrator/s shall be final and binding m1 the parties to .....
Tag this Judgment!Court : Delhi
Decided on : Jul-19-2019
..... upon any party, like the petitioner in this case. in a particular case where there is a clause of liquidated damages the court 1 the effect of the indian contract act of 1872, sec. 74, is to disentitle the plaintiffs to recover simplicitor the sum of rs. 10,000, whether as penalty or liquidated damages. the plaintiffs must ..... each and every limb of his reasoning, in substance, the following findings of fact cannot be interfered with by me while exercising jurisdiction under section 34 of the 1996 act. 25.1 the first finding of fact returned by the learned arbitrator is that the delay is attributable to the petitioner. 25.2 the second finding of fact, returned ..... suffered any loss and that loss could not be proved in the facts and circumstances of the case. 21.4 fourth, while exercising jurisdiction under section 34 of the 1996 act, this court cannot reappreciate the evidence. reasons:22. i have heard learned counsel for the parties and perused the record. 22.1 according to me, the facts which .....
Tag this Judgment!Court : Delhi
Decided on : Jul-15-2019
..... also note, the supreme court in aggarwal and modi enterprises pvt. ltd. v. new delhi municipal council (2007) 8 scc75 interpreting section 141(2) of the new delhi municipal council act, 1994 held that the mandate thereof is that any immovable property belonging to ndmc is to be sold, leased, licensed or transferred on consideration which is not to be less ..... dated september 26, 2009. however, no action has been taken. it is a conceded case that respondent had initiated proceedings under the public premises (eviction of unauthorized occupants) act, 1971 (in short p.p. act ) and on january 27, 2016, the said proceedings have been decided by the estate officer, who directed the eviction of the petitioner from the subject shop. this .....
Tag this Judgment!Court : Delhi
Decided on : Jul-05-2019
..... through none ........ respondents coram: hon'ble mr. justice rajiv shakdher rajiv shakdher, j.(oral) this is a petition filed under section 34 of the arbitration and conciliation act, 1996 (in short 1996 act ).2. via the instant petition challenge is laid to an order dated 14.5.2019 passed by the learned arbitrator.3. the learned arbitrator vide order dated 14 ..... are not parties to the arbitration agreement.5. mr. aggarwal, who appears for the petitioner, has relied upon section 16(6) and section 31(6) of 1996 act to contend that a petition under section 34 would lie against such an order.6. to be noted, section 16 deals with the competence of the arbitral tribunal to ..... to mr. aggarwal to get over the impediment, mr. aggarwal drew my attention to subsection (6) of section 16 and subsection (6) of section 31 of the 1996 act. based on these provisions, it was contended that while section 16(6) gave liberty to the aggrieved party to challenge the award under section 34, section 31(6), inter .....
Tag this Judgment!Court : Delhi
Decided on : Jul-05-2019
..... appellant to now turn around and argue that the order dated 21.04.2019 was without jurisdiction, merely because a formal application under section 17 of the 1996 act had not been filed is unsustainable and completely without merit. 20.1 there is an aspect of acquiescence which obtains in the matter which is something that the learned ..... would show that it had given liberty to the respondent/claimant to file pleadings which comprised the section 9 petition as an application under section 17 of the 1996 act. 19.1 the respondent/claimant understood that to mean that the pleadings in section 9 proceedings could be placed before the learned arbitrator, who would treat the same ..... /claimant sought leave to withdraw the section 9 petition with liberty to file the pleadings of the section 9 petition as an application under section 17 of the 1996 act, before the arbitrator, who had to be appointed by the respondent/claimant. 5.1 as is obvious from the extract set forth above, the court dismissed the .....
Tag this Judgment!Court : Delhi
Decided on : Jul-03-2019
..... to make a claim against the performance security except in the events mentioned in the said clause. such negative covenants can be enforced under section 42 of the specific relief act, 1963 by grant of an injunction.22. in simon carves ltd. vs. ensus uk ltd. [2011]. ewhc657(tcc), the queen s bench division (technology and construction ..... the express prohibition contained therein, no injunction can be granted to prevent such breach. to accept such submission would be to defeat section 42 of the specific relief act, 1963 as also make the contractual terms otiose.25. it is to be remembered that in today s economic condition in the country, encashment of the bank guarantee ..... submits that the respondent no.1, by its letter dated 11.06.2019, had sought renewal of the bank guarantee. however, without waiting for the petitioner to act on this demand, the respondent no.1 invoked the bank guarantee clearly showing its mala fide.29. as noted above, as far as the performance bank guarantee and .....
Tag this Judgment!Court : Delhi
Decided on : Jul-01-2019
..... the incident. he called the police on 100 number from his mobile phone. thereafter he went to the temple to talk to vivekanand shastri, who justified the act by saying that whatever he did was correct. vivekanand shastri and his elder daughter shobha started quarreling with him and after sometime the police came there. in his ..... her father vide ex.p1.6. after completion of investigation, charge sheet was filed. vide order dated 13th march, 2013, charge for offence punishable under sectionspocso act was framed against the appellant.7. mother of the prosecutrix was examined as pw-1 in court where she deposed that her daughter was studying in the 6th ..... 1. vivekanand shastri challenges the impugned judgment dated 5th april, 2016 convicting him for offence punishable under section 8 of protection of children from sexual offences act, 2012 (in short pocso act ) and the order on sentence dated 7th april, 2016 directing him to undergo rigorous imprisonment for a period of three years and to pay a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-01-2019
..... s) took commercial unsecured risk by purportedly investing huge amount under the guise of purchasing flats and entered into transactions which were contrary to the provisions of 1963 act. thus, the appellant(s) cannot claim any right merely on the basis of a self serving allotment letter pertaining to the concerned flat, purportedly given by ..... agreement which has the statutory protection under the provisions of the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963 (for short 1963 act ). the appellant(s) would also urge that the bar under section 34 has no bearing on the subject matter of the suit filed by the ..... haven, situated at darabshaw lane, napeansea road, mumbai 400036 and to enter into and register the agreement as provided under the provisions of maharashtra ownership flats act; (f) the defendant no.1 be also ordered and directed to indemnify the plaintiff in respect of all claims, charges that may be made by anybody .....
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