Court : Delhi
..... 09.11.2009 and the final award dated 23.07.2010 (hereafter the impugned awards ) under sections 47 and 49 of the arbitration and conciliation act, 1996 (hereafter 'the act'). the impugned awards were delivered by an arbitral tribunal constituted under the rules of arbitration of the international chamber of commerce (hereafter the icc rules ..... , one arbitrator for confirmation. if a party fails to nominate an arbitrator, the appointment shall be made by the court. the third arbitrator, who will act as chairman of the arbitral tribunal, shall be appointed by the court, unless the parties have agreed upon another procedure for such appointment, in which case the ..... fraud must necessarily be considered in the context of the factual matrix of the disputes. a clear distinction must be drawn between cases where a party acts erroneously or otherwise proceeds on an erroneous assumption and cases where a party deliberately and wilfully practices deception to acquire a benefit, which is not legitimately .....
Tag this Judgment!Court : Delhi
..... an office by misrepresenting the facts or by playing fraud upon the competent authority, such an order cannot be sustained in the eye of the law. fraud avoids all judicial acts, ecclesiastical or (vide s.p. chengalvaraya naidu v. jagannath [(1994) 1 scc1: air1994sc853 .) in lazarus estates ltd. v. beasley [(1956) 1 qb702: (1956) 2 wlr502: (1956 ..... scc p. 327, para18) fraudulent misrepresentation 18. a is called deceit and consists in leading a man into damage by wilfully or recklessly causing him to believe and act on falsehood. it is a fraud in law if a party makes representations which he knows to be false, and injury ensues therefrom although the motive from which the ..... which appeared to be wrong as the st category certificate given to him was cancelled. the action was upheld on the same principle namely fraud vitiates all solemn acts, even the principles of natural justice are not required to be complied with for setting aside the same.9. the tribunal in this behalf has rightly remarked .....
Tag this Judgment!Court : Chennai
..... however, in view of the above discussions, it is only found that the defendant has not discharged the onus placed upon him under section 118 of the negotiable instrument act. therefore, the burden does not shift to the plaintiff as contended by the defendant's counsel. in any event, as seen above, the plaintiff has established his case ..... signature found in ex.b1, it cannot be inferred or presumed that the defendant has discharged the onus resting upon him as mandated under section 118 of the negotiable instrument act. therefore, it could be seen that ex.b1 does not, in any manner, support the defendant's version. 12. as regards the evidence of dw2, it ..... defendant has admitted the signature in the suit promissory note marked as ex.a1. therefore, it could be seen that the presumption, under section 118 of the negotiable instrument act, comes into play. accordingly, it is for the defendant, at the first instance, to discharge the onus lying on him that the suit promissory note is not supported .....
Tag this Judgment!Court : Delhi
..... order to provide adequate penalties strengthen enforcement powers, implement international conventions to which india was a party and enforce controls over the contraband. ndps amendment act 1989 came into effect to combat drug trafficking which was influenced by the signing of 1988 convention by india. after this amendment, people caught ..... the addicts and those who commit less serious offences are sentenced to less severe punishment. this requires rationalisation of the sentence structure, provided under the act. it is also proposed to restrict the application of strict bail provisions to those offenders who indulge in serious offences. this statement of objects & ..... and psychotropic substances. most of the offences invite uniform punishment of minimum ten years rigorous imprisonment which may extend upto twenty years. while the act envisages severe punishments for drug traffickers, it envisages reformative approach towards addicts. in view of the general delay in trial, it has been found .....
Tag this Judgment!Court : Chennai
..... thereof, so long as the defence has not established the plea of adverse possession. 17. therefore, it could be seen that as per article 65 of the limitation act, the period of limitation is 12 years, when the possession of the defendant became adverse possession to the plaintiff. in case, the defendant failed to establish their plea ..... is for the defendants to establish that their possession had been adverse for the requisite period of 12 years as contemplated under article 65 and section 27 of the limitation act. in this connection, the plaintiff's counsel strongly relied upon the decisions reported in air 1976 madras 124(1) ( bhagavathy pillai and another vs. savarimuthu and another ..... on the alleged trespass and on the other and, the plaintiff has come forward with the case only during the year 1992 and therefore, according to them, this act of the plaintiff itself would go to show that it is only the defendants, who had been all along in possession and enjoyment of the suit property and .....
Tag this Judgment!Court : Karnataka
..... exercised by the statutory authority. hence, the issuance and publication of the notifications, impugned in these petitions, are invalid and ultra vires the provisions of the act.19. in the case of commissioner of police, bombay vs. gordhandas bhanji reported in air1952sc16 where the commissioner of police had at the behest of the ..... oil mills at annexure-c, declaring the same as unconstitutional and ultra vires of article14of the constitution of india and also contrary to the provisions of minimum wages act, 1948 and rules made thereunder. in w.p.no.25215/2016 between: bhoruka steel & services limited refractory division, survey no.34/1, mahadevapura post, ..... concerned at annexure-d, declaring the same as unconstitutional and ultra vires of article14of the constitution of india and also contrary to the provisions of minimum wages act, 1948 and rules made thereunder. in w.p.nos.8196-8199/2016 between:1. manipal technologies ltd., udayavani building press corner manipal-576 104 represented .....
Tag this Judgment!Court : Chennai
..... . national engineering industries ltd., and others [2011 (6) mlj 817] as follows: 56. even though, we have apportioned 50% liability to the 1st defendant's vessel, japanese act provides for limited liability i.e. japanese % 100,000. to hold the vessel for unlimited liability, as per the terms of contract [ ex.p3], the value of the goods ..... nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with the intent to cause damage, or recklessly and with knowledge that damage would probably result. 29. as per the above ..... .2001. the first plaintiff also had executed a letter of subrogation, special power of attorney, in favour of the second plaintiff, under section 79 of the marine insurance act. therefore, the plaintiffs had made the suit claim praying for a judgment holding the defendant liable and directing them to pay the suit claim with interest. 7. denying .....
Tag this Judgment!Court : Chennai
..... bandarinathan and subbiah. while so, on 04.10.2013 the petitioner appointed his close relatives as trust members and also created a sub-document as if the said trust is acting under the control of his members and also attempted to grab the property of the said trust. the members of the new trust, which was created by the petitioner, are ..... (prayer: contempt petition has been filed under section 11 of the contempt of courts act, seeking to punish the respondent for wanton and willful violation of the orders passed by this court in crl.o.p.no.81 of 2016 vide order dated 06.01. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is applicable in the present case. the municipal law is a general law relating to administration of municipalities, including maharashtra municipalities act, whereas, disqualification act, is a special law dealing with the subject of disqualification of members of the local authorities on the grounds specified therein. there ..... such merger. section 6. .. .. .. ... ... section 7. .. .. .. ... ... section 8. .. .. .. ... ... section 9. .. .. .. ... .... section 10. (1) the provisions of this act and the rules shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. (2) subject to the provisions of sub-section (1 ..... to be dealt with more advantageously by the larger bench. statement of objects and reasons: 10. the maharashtra local authority members' disqualification act, 1986, is modelled on tenth schedule of the constitution of india with certain modifications since the law governs the aspect of disqualification concerning .....
Tag this Judgment!Court : Chennai
..... follows:- "38....a court of law for the purpose of determining the age of a party to the lis, having regard to the provisions of section 35 of the evidence act will have to apply the same standard. no different standard can be applied in case of an accused as in a case of abduction or rape, or similar offence where .....
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