Court : Delhi
..... remedy or right provided under jaw including but not limited to taking appropriate action under the securitization and reconstruction of financial assets and enforcement of security interest act, 2002. it is clarified that the rights and remedies of the lenders herein are cumulative and are in addition to any rights and remedies provided by ..... and stand already referred to a three-member arbitral tribunal. furthermore, the arbitral tribunal, so constituted, in an application moved under section 17 of the 1996 act by ttt has stayed, i am told, the order of suspension dated 10.10.2018 as well as the communication dated 23.10.2018 issued by ..... respondent no.2. coram: hon'ble mr. justice rajiv shakdher rajiv shakdher, j:1. this is a petition under section 9 of the arbitration and conciliation act, 1996 (in short 1996 act ). the petitioner i.e. transstroy tirupati tiruthani chennai tollways private limited (hereafter referred to as ttt ) has sought the following substantive reliefs in the petition .....
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..... withdrawn with immediate effect and had not been withdrawn in accordance with rule 15 of the rules framed under the right of children to free and compulsory education act, 2009.24. the petitioner has further submitted that a gross departmental bias is brought forth through the enquiry report itself, in as much as, it was ..... recognition) of the delhi school education rules, if the reasons which-lead to the withdrawal of recognition have been removed and the school complies with provisions of the act/rules made there under, the recognition shall be restored; (viii) the judgment of the hon'ble delhi high court in the matter of dashmesh education society ..... to standard 8th in the year 1998 in terms of rule 50 & 51 in terms of delhi school education rules, 1973 framed under the delhi school education act, 1973. the petitioner has further submitted that the competent authorities of the respondent conducted several inspections and visits and no violation of any conditions stipulated under rule 50 .....
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..... court that in the present case the marriage is beyond salvage. in any case,irretrievable breakdown of marriage by itself is not a ground under the hindu marriage act, on which alone a decree of divorce can be passed. even applying the judgments relied upon by the family court, the irretrievable breakdown of marriage can ..... appellant had treated the respondent with cruelty. the respondent, however, could not prove any of these allegations. in the absence of the respondent substantiating, with evidence, the acts alleged, a decree cannot be passed. in fact, the family court has itself not given any finding how the allegations in the petition were proved or how they ..... living separately since the year 2008.3. disputes and differences having arisen between the parties, the respondent/husband filed a petition under section 13(1)(ia) of hma seeking dissolution of marriage by passing a decree of divorce on the ground of cruelty . the grounds on which the divorce petition was filed were that it was .....
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..... 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 .....
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..... 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 .....
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..... 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 .....
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..... 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 .....
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..... 25.07.2018, conveyed approval of acc for the premature termination of tenure of the petitioner with immediate effect.15. learned additional solicitor general further submitted that the respondents have acted as per relevant rules and regulations. no cause has accrued against the petitioner which is not in dispute that the petitioner was w.p.(c) 8310/2018 page 10 of ..... . 09.03.2017 in the first instance or till the date of superannuation or until further orders, whichever event occurs earlier and in accordance with the provisions of the companies act, 1956 as amended. the appointment may, however, be terminated even during this period by either side on three months notice or on payment of three months salary in lieu thereof .....
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..... specified disability, as certified by the certifying authority as a person with benchmark disability as defined under section 2(r) of the rights of persons with disabilities act, 2016 may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints . (emphasis supplied) 8. counsel for the petitioner has ..... to exempt such employee from routine exercise of transfer/rotational administrative constraints. transfer, subject to 2 ..3. with the enactment of the rights of persons with disabilities act, 2016 on april 17, 2017, the following instructions are issued in supersession of the above-mentioned oms of even number dated june 6, 2014, november17, ..... mental faculties are permanently impaired and the petitioner s daughter comes under the benchmark disability as per section 2(r) of the rights of persons with disabilities act, 2016. w.p.(c.) no.6739/2019 page 1 of 6 2. the petitioner states that his said daughter needs constant care. his wife is .....
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..... , gopi nath bazar, delhi cantonment on the ground that addition / alternation / modifications are being carried out unauthorisedly in contravention to the provisions of the cantonments act, 2006 ( act of 2006 in short).3. it was the submission of mr. vikas dhawan, learned counsel for the petitioner that the impugned order under section 249(1) of ..... measuring 21 6 x (11 + 9 )/2 without approval of building plans and obtaining sanction of the competent authority as required u/s 178a/179 of cantonment act, 1924 on the site earmarked as green land in the sanctioned plan. the illegal construction was reported to the competent authority by the junior engineer (je) vide ..... u/s 185 has been annexed as annexure a9. k. that despite pleading guilty and the appeal pending against order passed u/s 185 of the cantonments act, 1924 before the competent authority; the petitioner was again found carrying out unauthorized construction work in said premises which is a blatant violation of law. this fact .....
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