Court : Delhi
..... khan, adv. coram: hon'ble mr. justice rajiv shakdher rajiv shakdher, j (oral) 1. this is a petition filed under section 11 (6) of the arbitration and conciliation act, 1996 (in short the act ) seeking appointment of an arbitrator.2. upon notice being issued in the petition on 22.12.2017, a reply has been filed by the respondent. the respondent s .....
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..... (p) ltd. air2008mad 165, held that a clear distinction is made in section 20(c), of the cpc and in section 134(2) of trade marks act between carrying on business and personally working for gain ; while in latter, the legislative requirement is that defendant should personally work for gain, no such requirement is postulated ..... place of business and its corporate office at 7, sham nath marg, new delhi- 110054. d. under the provisions of section 134(2) of the trademarks act, 1999 as the plaintiffs, being the registered proprietors of the trademarks oberoi, threesixtyo and threesixtyone have their principal place of business and their main corporate office within the ..... ble court in music broadcast ltd. v. axis bank, fao(os) no.65 of 2016. c. under the provisions of section 134 (2) of the trademarks act, 1999 as the plaintiffs, being the registered proprietors of the trademarks oberoi, threesixtyo and threesixtyone, are carrying on business within the territorial limits of this the marks .....
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..... order (oral) 1. on the criminal complaint of second respondent, the petitioner was summoned by the metropolitan magistrate to face trial for offence under section 138 of the negotiable instruments act, 1881, the accusations relating to seven cheques issued and allegedly drawn on state bank of patiala, shastri bhawan, new delhi by the petitioner, they being cheque nos.760458 dated 27 ..... for the loan transaction but the same had been fraudulently obtained by the second respondent to set up a false case of offence under section 138 of the n.i. act.4. the contentions raised by the petitioner as aforesaid bring out a factual version which is apparently contrary to the version of the second respondent in the criminal complaint. according .....
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..... . pradeep aggarwal, who, appears for respondent no.2 to 5, submit that since the petitioner herein has taken out proceedings under section 36 of the arbitration and conciliation act, 1996 (in short 1996 act ), the captioned petition has been rendered infructuous.4. on the other hand, mr. karia, who, appears for the petitioner has taken a contrary stand. it is his contention ..... that since the instant proceeding under section 9 of the 1996 act was instituted prior to the proceedings, initiated under section 36 of the very same act, both can continue to operate simultaneously there being no impediment in law qua the same.5. having regard to submissions put forth by .....
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..... can arise simply because letters and reminders are written time and again, attempting to keep the claim alive, although the claim by virtue of article 18 of the limitation act, has become clearly time barred. xxx 19. similarly, the bombay high court in the case of state of maharashtra vs. hindustan construction company limited ( hcc ) ..... as application of article 137 is concerned, that article is in part-ii, relating to applications. for invoking the arbitration clause the limitation provided by the limitation act for making application will not apply, the limitation provided by the schedule for institution of a suit will apply. 21. in south eastern coalfields ltd. vs. ..... there is neither any discussion whatsoever in the said judgment with regard to the satisfaction of the conditions before the benefit under section 14 of the limitation act can be extended nor any legal principle is enunciated based on which the said directions had been given. with respect the aforesaid decision is one which .....
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..... & mr amit sherawat. judgment vibhu bakhru, j introduction 1. the petitioner (hereafter gtm ) has filed the present petition under section 34 of the arbitration and conciliation act, 1996 (hereafter the act ) impugning the arbitral award dated 01.08.2015 (hereafter the impugned award ) delivered by the arbitral tribunal constituted by a sole arbitrator, namely, sh d.p. ..... . on 08.07.2016, the arbitral tribunal disposed of the application filed by sneh, inter alia, holding that sneh s application under section 33 of the act could not be considered till there was a valid award. and, since the impugned award was insufficiently stamped it could not be considered as an arbitral award, ..... supported by any affidavit and, therefore, could not be considered as a petition at all. he further submitted that sneh s application under section 33 of the act was allowed by the arbitral tribunal on 07.09.2016. however, the amended petition was filed by gtm in april 2017 and, therefore, that was beyond the .....
Tag this Judgment!Court : Supreme Court of India
..... the country with necessary sanction from the commissioners of income tax concerned (sec. 279 of the income tax act). the answering respondent further submitted that these are quasi judicial functions to be exercised by the empowered officers and the cbdt only provides necessary ..... considerable time and ultimately all the assessments have been completed by the assessing officers concerned within the statutory time allowed under the income tax act. after that, the assessing officers started initiating prosecution proceedings in appropriate cases. prosecution proceedings are to be initiated by assessing officers concerned across ..... and administration including police administration; or (b) who have held office or are holding office in a corporation established by or under any central act or a government company owned or controlled by the central government and persons who have expertise and experience in finance including insurance and banking, law, .....
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..... produced and which, if produced, be unfavourable to the party withholding such evidence, the court can draw a presumption under illustration (g) to section 114 of the evidence act. in such a situation a question that arises for consideration is whether the presiding officer of a court should simply sit as a mere umpire at a contest between two ..... , the first part which is permissive gives purely discretionary authority to the criminal court and enables it at any stage of enquiry, trial or other proceedings under the code to act in one of the three ways, namely, (1) to summon any person as a witness, or (2) (3) to examine any person in attendance, though not summoned ..... .347/2017, police station k.n.katju marg, rohini, initially registered under section 3ipc crl.rev.p.285/2018 page 1 of 14 read with section 27 of arms act. subsequently, section 302 ipc has been added as the victim therein passed away allegedly because of the injuries sustained.3. saurabh goyal, the witness who is sought to be .....
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..... a course of action. there is also an allegation that, during the period for which he was enlarged on interim bail, an attempt was made, by someone purporting to act on behalf of harish tiwari, to influence and intimidate lalit rai, one of the key witnesses in this case. this, too, has persuaded the prosecution to express misgivings, ..... in three cases, involving sections 419, 420, 467 and 468 of the ipc in conjunction with sections 13(1)(d) and 13 (2) of the prevention of corruption act. further, while being wealthy is, in itself, obviously no offence, the list of properties stated to have been purchased by him, over a period of twelve to thirteen years ..... factor that also requires to be taken note of is the punishment that could be imposed after trial and conviction, both under the penal code and the prevention of corruption act. otherwise, if the former is the only test, we would not be balancing the constitutional rights but rather recalibrating the scales of justice . this court, time and .....
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..... a course of action. there is also an allegation that, during the period for which he was enlarged on interim bail, an attempt was made, by someone purporting to act on behalf of harish tiwari, to influence and intimidate lalit rai, one of the key witnesses in this case. this, too, has persuaded the prosecution to express misgivings, ..... in three cases, involving sections 419, 420, 467 and 468 of the ipc in conjunction with sections 13(1)(d) and 13 (2) of the prevention of corruption act. further, while being wealthy is, in itself, obviously no offence, the list of properties stated to have been purchased by him, over a period of twelve to thirteen years ..... factor that also requires to be taken note of is the punishment that could be imposed after trial and conviction, both under the penal code and the prevention of corruption act. otherwise, if the former is the only test, we would not be balancing the constitutional rights but rather recalibrating the scales of justice . this court, time and .....
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