Court : Delhi
..... this is a petition preferred under section 34 of the arbitration and conciliation act, 1996 (in short the act ) to assail the arbitral award dated 11.07.2017.2. .....
Tag this Judgment!Court : Delhi
..... the arbitral tribunal under the 1996 act, is conferred with the power to arb.p. ..... (iv) the learned arbitrator will make a declaration under section 12(5) read with attendant provisions of the 1996 act before entering upon reference. ..... this is a petition filed under section 11(5) of the arbitration and conciliation act, 1996 (hereafter referred to as 1996 act ). .....
Tag this Judgment!Court : Delhi
..... mishra says that in view of the fact that the petitioner had waived the applicability of section 12(5) of the 1996 act, the respondents would continue to have the leeway to appoint their employee as an arbitrator. ..... mishra s contention that respondent no.1/uoi would still have the right to appoint an arbitrator in view of the petitioner waiving the applicability of section 12(5) of the 1996 act is a submission, which i am not impressed with.26. ..... 1 of 4 1996 (for short 1996 act ) and, therefore, in effect, had agreed to the appointment of an arbitrator by respondent no.1/uoi. ..... thereafter, respondent no.1/uoi did appoint an arbitrator, who, unfortunately, did not act with due expedition.20. mr. ..... seema singh, adv. ..... pertinently, the petitioner at that point in time waived the applicability of the provisions of section 12(5) of the arbitration and conciliation act, arb.p. ..... (iii) needless to say, before the learned arbitrator enters upon reference, he will file a declaration in terms of section 12(5) read with the attendant provisions of the 1996 act.27. ..... (ii) the learned arbitrator will be paid his fee in accordance with the provisions of the fourth schedule appended to the 1996 act. ..... clearly, when the petitioner had approached this court in the first instance, the petitioner had waived the applicability of the provisions of section 12(5) of the 1996 act.19. .....
Tag this Judgment!Court : Delhi
..... short, the mv act , has come to be awarded to the claimants on account of death of sonu @ bablu, who died in the motor accident involving bus no.up16bt9556in short, the offending vehicle, which was insured with the appellant-the insurer (mac ..... the compensation under section 166 of the motor vehicle act in 2. .....
Tag this Judgment!Court : Delhi
..... therefore, the counsel's submission that the learned arbitrator failed to keep in mind the provisions of sections 73 and 74 of the contract act can have no bearing on the matter. 8.6. ..... moreover, even if i were to assume that the learned arbitrator misinterpreted clause 12 or failed to apply the provisions of sections 73 and 74 of the contract act, it would not fall foul of section 34 of the 1996 act. ..... in support of this submission reliance is placed on section 73 and section 74 of the indian contract act, 1872 (in short contract act ). 8.3. ..... this is a petition filed under section 34 of the arbitration and conciliation act, 1996 (in short '1996 act'). ..... furthermore, to my mind, if the petitioner was really aggrieved by such an adjustment, it would have moved an application under section 33 of the 1996 act. ..... ) no.67/2018 page 3 of 5 "patent illegality" obtaining in section 34(2a)1 of the 1996 act. 8.7. .....
Tag this Judgment!Court : Delhi
$~a-1 * % in the high court of delhi at new delhi date of decision:24. 09.2019 + arb.p. 209/2019 m/s g4s secure solutions (india) pvt. ltd......... petitioner through: mr. vikrant arora, advocate versus m/s archana mines private ltd. ..... respondent through: ms. tatini basu, advocate coram: hon'ble ms. justice jyoti singh jyoti singh, j.(oral) 1. this is a petition filed under section 11(6) of the arbitration & conciliation act, 1996 for appointment of an arbitrator. ms. tatini basu, learned counsel appearing on behalf of the respondent submits that the respondent has no objection to the arbitrator being appointed by this court.2. with the consent of the parties, mr. padam kant saxena, additional district judge (retd.) delhi, (r/o flat no.261, royal residency, plot no.5, sector- 9, dwarka, new delhi- 110077 mobile:99103. 4668) is appointed as sole arbitrator to adjudicate the dispute between the parties.3. the arbitrator will give a disclosure under section 12 of the act before entering upon reference.4. the fees of the arbitrator will be fixed as per fourth schedule. arb.p. 209/2019 page 1 of 2 5. copy of this order be sent to the learned arbitrator.6. with the above directions, the petition stands disposed of. i.a. no.5026/2019 (directions) 7. since the main petition is disposed of, this application has become infructuous and the same is dismissed as such. september24 2019/pkb/rd/ jyoti singh, j arb.p. 209/2019 page 2 of 2
Tag this Judgment!Court : Delhi
..... 505/2019 presumptions under sections 113a and 113b of the indian evidence act would be attracted and the respondents-accused were guilty under section 498a as well as section 304b read with section 354 ipc ..... law relating to confessions is to be found generally in sections 24 to 30 of the evidence act and sections 162 and 164 of the code of criminal procedure, 1898. ..... thus, except as provided by section 27 of the evidence act, a confession by an accused to a police officer is absolutely protected under section 25 of the evidence act, and if it is made in the course of an investigation, it is also protected by section 162 of the code of criminal procedure, and a confession to any other person made by him while in the custody of a police officer is protected by section 26, unless it is made in ..... under section 25 of the evidence act no confession made by an accused to a police officer can be admitted in evidence against ..... ........under section 27 of the evidence act only so much of recovery, as a result of the disclosure statement, which directly pertains to the commission of crime is ..... the aforesaid, it is apparent that even the necessary ingredients to attract the presumptions under sections 113a and 113b of the indian evidence act, are not fulfilled.17. ..... sections 17 to 31 of the evidence act are to be found under the heading ..... section 25 of the evidence act is one of the provisions of page 3 of 10 crl. ..... in the present case, even section 27 of the indian evidence act is not attracted.11. .....
Tag this Judgment!Court : Supreme Court of India
..... supervision of two hon ble (retired) high court judges, one being nominated by rmgl/rmgsl and one being nominated by hsvp; ii) during this extended period since 9 september 2019 rmgl/rmgsl will act as agents of hsvp, rmgl and rmgsl will be responsible for all liabilities arising on account of their gross negligence and fraud during this time; iii) the conditions set forth in (i) and ..... of the project to hsvp; (2) commitment to take handover the project by hsvp; (3) commitment to pay at least 80% of debt due as termination payment to rmgl/rmgsl by hsvp; (4) handover to start immediately; (5) rmgl/rmgsl to act as agent of hsvp for further work post 09.09.2019; (6) cost and benefit to be on hsvp's account; (7) indemnification of rmgl/rmgsl from any third party claims and from hsvp's actions; (8) rights and benefits of parties get frozen ..... venkatakrishna [(2000) 7 scc764 that the arbitrator may not have the requisite jurisdiction to direct restoration of distributorship having regard to the provisions contained in section 14 of the specific relief act, 1963; but while entertaining a writ petition even in such a case, the court may not lose sight of the fact that if a serious disputed question of fact is involved arising ..... the letter of award, the consortium incorporated the first appellant, rapid metrorail gurgaon limited ( rmgl ), under the companies act, 1956 (the act of 1956 ) and requested hsvp to accept rmgl as the entity which would undertake, fulfill and exercise the rights of .....
Tag this Judgment!Court : Supreme Court of India
..... the spirit of common brotherhood amongst all the people of state transcending religious, linguistic, regional, caste or sectional diversities; or (iii) the dignity of women; or (b)gross negligence in the discharge of the duties under this act; [(c) the use of position or influence directly or indirectly to secure employment for any relative in the panchayat or any action for extending any pecuniary benefits to any relative, such as giving out any type of lease ..... lr1qb230 blackburn, j observed thus wherever there is a real likelihood that the judge would, from kindred or any other cause, have a bias in favour of one of the parties, it would be very wrong in him to act; and we are not to be understood to say, that where there is a real bias of this sort this court would not interfere;.. 25 20 ..... revisional authority after giving an opportunity to parties to be heard and after such further enquiry, if any, as it may deem necessary subject to the provisions of the act and the rules made thereunder, may confirm, vary or set aside the order or decision appealed ..... 17. it is then urged by learned counsel for the appellant that the provision of an appeal under section 22-a of the act is a complete safeguard against any insufficiency in the original proceeding before the council, and it is not mandatory that the member should be heard by the council before ..... .; (2007) 4 scc54while dealing with the principle of natural justice doctrine observed that it is well settled that the said doctrine cannot be .....
Tag this Judgment!Court : Karnataka
..... the circulars cannot seen to impose the impugned levies or link the same to the guidance value, the guidance value of property is a value fixed by a committee constituted under section 45(b) of the stamp act, which is for the purpose of determining the value below which the property cannot be sold based on which registration charges and stamp duty are determined and for detection of cases of under- valuation in ..... , advocates for r2, r3 and r4 (physical hearing)) 181 this writ petition is filed under articles226and227of the constitution of india praying to quash the government order issued by the r-2 dated1801.2007 and the corrigendum therein dated2802.2007 mandating upfront collection of labour welfare cess, as contained in annx-c, circular issued by the r-3 commissioner dated49.2015 levying fees for issue of building license/sanction plan as, as contained in ..... of one percent of the estimated cost is on the strength of two government orders dated 18-01- 2007 and 26-02-2007 which are issued in furtherance of the act and the rules. ..... cess act is upheld, but its demand for payment upfront in terms of government orders dated 18.01.2007 and 28.02.2007 stands ..... mitra, the learned 14 (2007) scc online cal 268 307 senior advocate appearing on behalf of the appellant, we do not find that either in the act or the rules or the regulations framed thereunder, any right or authority has been to the corporation to realize drainage development fees from the owners of the land or the building at .....
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