Day: June 26, 2018

If Apex Court is of opinion that acquittal is not based on a reasonable view, then it may review entire material and there will be no limitation on Apex Court’s jurisdiction under Article 136 .
3 min read

If Apex Court is of opinion that acquittal is not based on a reasonable view, then it may review entire material and there will be no limitation on Apex Court’s jurisdiction under Article 136 .

In State of Rajasthan Versus Islam and others [AIR 2011 SC 2317 : JT 2011 (6) SC 452 : (2011) 6 SCALE 389 : (2011) 6 SCC 343 : (2011) 2 SCC (Cri) 951] When Supreme  Court exercises its jurisdiction under...
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If there is huge delay and in order to avoid the period of limitation, it cannot be resorted to a criminal proceeding.
2 min read

If there is huge delay and in order to avoid the period of limitation, it cannot be resorted to a criminal proceeding.

Supreme Court in Thermax Ltd. and others Versus K.M. Johny and others [(2011) 11 SCALE 128] The principles enunciated from the above-quoted decisions clearly show that for proceedings under Section 156(3) of the Code, the complaint must disclose relevant material ingredients of...
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Whether Sec 14 of Limitation Act can be relied upon for excluding time spent in prosecuting remedy before a wrong forum in context of provisions contained in Arbitration and Conciliation Act 1996.
7 min read

Whether Sec 14 of Limitation Act can be relied upon for excluding time spent in prosecuting remedy before a wrong forum in context of provisions contained in Arbitration and Conciliation Act 1996.

Under Section 14 of the limitation Act if the party has been bona fidely prosecuting his remedy before the court which has no jurisdiction whether the period spent in that proceedings shall be excluded or not.
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Whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996.
3 min read

Whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996.

In Union of India v. Popular Construction Company , Supreme Court considered the question whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and...
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Limitations in exercising the powers under Article 226 of the Constitution or under Section 482, Cr. P.C. to quash the criminal proceedings at the stage of F. I. R.
4 min read

Limitations in exercising the powers under Article 226 of the Constitution or under Section 482, Cr. P.C. to quash the criminal proceedings at the stage of F. I. R.

In State of Haryana v. Ch.Bhajan Lal, (1992) 1 Suppl. SCC 335, this Court has exhaustively considered after having referred to a number of decisions, the limitations in exercising the powers under Article 226 of the Constitution or under...
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Whether the Award of the Arbitrator tantamounts to a Decree or not, Yes, an Award has to be enforced under the Code of Civil Procedure in the same manner as it were a Decree of the Court.
8 min read

Whether the Award of the Arbitrator tantamounts to a Decree or not, Yes, an Award has to be enforced under the Code of Civil Procedure in the same manner as it were a Decree of the Court.

(SUPREME COURT OF INDIA) in Leela Hotels Ltd. Versus Housing and Urban Development Corporation Ltd. (2011) 12 SCALE 573 18. It was next submitted by the learned ASG that analogy of a post-decretal payment cannot be applied to an Arbitration Award under the...
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When a criminal case filed U/S 138 of Negotiable Instruments Act, referred to by Magistrate Court to Lok Adalat is settled by the parties and an award is drawn, can it be considered as a Decree and executable? Yes.
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When a criminal case filed U/S 138 of Negotiable Instruments Act, referred to by Magistrate Court to Lok Adalat is settled by the parties and an award is drawn, can it be considered as a Decree and executable? Yes.

(SUPREME COURT OF INDIA) in K.N. Govindan Kutty Menon Versus C.D. Shaji [(2011) 13 SCALE 232] Section 21 of the Act, which we have extracted above, contemplates a deeming provision, hence, it is a legal fiction that the “award” of the Lok...
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