ARBITRATION, CIVIL

Conduct of arbitral proceeding in India

UNDER ARBITRATION AND CONCILIATION ACT 1996 [SECTION 18 TO 27] GO TO THE  MAIN PAGE  18. Equal treatment of parties. The parties shall be treated with equality and each party shall be given a full opportunity to present his case. 19. Determination of rules of procedure. (1)The arbitral tribunal shall not be bound by the Code of… Continue reading Conduct of arbitral proceeding in India

CIVIL

State of Karnataka & Ors. Vs. Shankar Baburao Kangralkar & ANR.[SC 2018 February]

KEYWORDS:-Recruitment Rules- INTERPRETATION OF SPECIAL PROVISION- DATE:- February 6, 2018 If a special provision is made on a certain matter, that matter is excluded from the general provision. This principle is fully applicable to The Karnataka Education Department Services (Department of Public Instructions) (Recruitment) (Amendment) Rules, 2002 and the provision relating to the post of a… Continue reading State of Karnataka & Ors. Vs. Shankar Baburao Kangralkar & ANR.[SC 2018 February]

CIVIL

Acquisition of estates and of the rights of intermediaries therein

CHAPTER 1- PRELIMINARY- GO CHAPTER II. Acquisition of estates and of the rights of intermediaries therein  4.Notification vesting estates and rights of intermediaries (1) The State Government may from time to time by notification declare that Estates and rights of with effect from the date mentioned in the notification , all estaes, and the  rights of every… Continue reading Acquisition of estates and of the rights of intermediaries therein

LAND

Commentaries on West Bengal Estates Acquisition Act, 1953

The interest of the intermediary was affected under the W.B.E.A. Act. But it is not a fact that no person other than intermediary was brought under the ambit of the W.B.E.A. Act. The words “and any of the rights of certain other persons in the lands comprised in the estates” have been inserted with retrospective effect by section 2… Continue reading Commentaries on West Bengal Estates Acquisition Act, 1953

CIVIL

Lalit Kumar Sharma and ANR Vs State of U. P. and ANR [SC 2008 May]

KEYWORDS:- Cheque issued towards the compromise of a Complaint bounced- If the cheque was issued in terms of the compromise, it did not create a new liability. As the compromise did not fructify, the same cannot be said to have been issued towards payment of debt. DATE:- 06-05-2008. Acts:- Negotiable Instruments Act, 1881—Section 138—Penal Code, 1860—Section… Continue reading Lalit Kumar Sharma and ANR Vs State of U. P. and ANR [SC 2008 May]

Criminal

Dataram Singh Vs. State of Uttar Pradesh & ANR[ SC 2018 February]

KEYWORDS:- Bail Granted- DATE:- February 6, 2018- If an accused is not hiding from the investigating officer or is hiding due to some genuine and expressed fear of being victimised, it would be a factor that a judge would need to consider in an appropriate case. It is also necessary for the judge to consider… Continue reading Dataram Singh Vs. State of Uttar Pradesh & ANR[ SC 2018 February]

CIVIL

Chhabildas Vs. State of Maharashtra & Ors.[SC 2018 FEBRUARY]

KEYWORDS:- Article 300-A- DATE:- February 6, 2018- The scheme of Sections 126 and 127 would leave nobody in doubt, for the reason that if a period of 10 years has  elapsed from the date of publication of the plan in question, and no steps for acquiring the land have been taken, then once a purchase notice is… Continue reading Chhabildas Vs. State of Maharashtra & Ors.[SC 2018 FEBRUARY]

CIVIL

Union of India & ANR. Vs. Pushpavathi & Ors. Etc[SC 2018 FEBRUARY]

KEYWORDS:- Land acquisition-INTEREST- SCOPE OF WRIT - DATE:- February 06, 2018 The dispute in relation to non-award of interest can be raised by an aggrieved person only by taking recourse to Article 226 of the Constitution in writ petition. In other words, reference under Section 18 or Section 28A(3) cannot be considered to be an alternative… Continue reading Union of India & ANR. Vs. Pushpavathi & Ors. Etc[SC 2018 FEBRUARY]

CIVIL

Ajayinder Sangwan and Ors. Vs. Bar Council of Delhi & Ors.[SC 2018 FEBRUARY]

KEYWORDS:- ELECTION -STATE BAR COUNCILS DATE:- February 5, 2018 SUPREME COURT OF INDIA Ajayinder Sangwan and Ors. Vs. Bar Council of Delhi & Ors. [Transferred Case (Civil) No. 126 of 2015] O R D E R R.K. Agrawal, J. 1. A bunch of Interlocutory Applications for clarification/impleadment/direction/intervention/ appropriate orders/modification, in the lead matter, has been filed… Continue reading Ajayinder Sangwan and Ors. Vs. Bar Council of Delhi & Ors.[SC 2018 FEBRUARY]

CIVIL

Commissioner of Customs Central Excise and Service Tax, Guntur Vs. M/s. The Andhra Sugars Ltd.[SC 2018 FEBRUARY]

KEYWORDS:- Cenvat Credit-service tax- input service- DATE:- February 05, 2018- For a manufacturer /consignor, the eligibility to avail credit of the service tax paid on the transportation during removal of excisable goods would depend upon the place of removal as per the definition. In case of a factory gate sale, sale from a non-duty paid warehouse, or… Continue reading Commissioner of Customs Central Excise and Service Tax, Guntur Vs. M/s. The Andhra Sugars Ltd.[SC 2018 FEBRUARY]

CIVIL

Arun Maan & Ors. Vs. State of Uttar Pradesh & Ors.[SC 2018 FEBRUARY]

NON-REPORTABLE JUDGMENT DATE:- February 02, 2018. ACTS:- WRIT SUPREME COURT OF INDIA Arun Maan & Ors. Vs. State of Uttar Pradesh & Ors. [Civil Appeal No.1494/2018 arising from SLP (C) No.2388/2018] KURIAN, J. 1. Leave granted. 2. In the nature of order we propose to pass, it is not necessary to issue notice to the respondents,… Continue reading Arun Maan & Ors. Vs. State of Uttar Pradesh & Ors.[SC 2018 FEBRUARY]

CIVIL, POLICE

Police Station records/registers- Delhi Police

POLICE STATION RECORDS The following registers are required to be maintained in each Police Station :- REGISTER NO. 1 FIRST INFORMATION REPORT REGISTER The First Information Report register shall be maintained on a printed book in form 24.5(1) as given in Annexure-1 consisting of 200 pages. It shall be completely filled before a new register… Continue reading Police Station records/registers- Delhi Police

CIVIL, ENCYCLOPEDIA

Necessary Party and Proper Party [Indian Law Encyclopedia]

A "necessary party" is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court. If a "necessary party" is not impleaded, the suit itself is liable to be dismissed. A "proper party" is a party who, though not a… Continue reading Necessary Party and Proper Party [Indian Law Encyclopedia]

CIVIL

National Company Law Appellate Tribunal [NCLAT-India]

Constituted under Section 410 of the Companies Act, 2013 AT: Pt. Deen Dayal Antyodaya Bhawan, 3rd Floor, CGO Complex, Lodhi Road, New Delhi - 110003 Hear appeals against the Order of:- Company Law Tribunal(s) (NCLT), with effect from 1st June, 2016 NCLT(s) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC), with effect from 1st… Continue reading National Company Law Appellate Tribunal [NCLAT-India]

CIVIL

Bengal Chemists & Druggists Association Vs. Kalyan Chowdhury[SC 2018 February]

KEYWORDS-LIMITATION- BUT NOT THEREAFTER- DATE:-February 02, 2018- The language of the proviso to Section 421(3) which contains mandatory or peremptory negative language and speaks of a second period not exceeding 45 days, which would have the same effect as the expression "but not thereafter" used in Section 34(3) proviso of the Arbitration Act, 1996. ACTS:- Section… Continue reading Bengal Chemists & Druggists Association Vs. Kalyan Chowdhury[SC 2018 February]

CIVIL, Motor Accident Claim

Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors[SC 2018 February]

KEYWORDS:- Motor Accident Claims-execution proceedings-FUTURE PROSPECT- DATE:- February 02, 2018- The deceased was self-employed. In such a case, future prospects cannot be denied. ACTS:- MOTOR VEHICLES ACT SUPREME COURT OF INDIA Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors [Civil Appeal No 000767 of 2018 arising out of SLP (C) No. 23086 of 2016] Dr.… Continue reading Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors[SC 2018 February]

LAND

Jagtar Singh Ors. Vs. State of Uttarakhand Ors[ SC 2018 February]

KEYWORDS:- WRIT APPEAL- LAND RECORD-MUTATION DATE:-February 02, 2018 "Supervisor Qanoongo could not have made entries in favour of the appellants without giving public notice and without giving notice to the legal heirs of Teja Singh. The dispute is as to which of the parties is in possession of the land. The High Court erred in… Continue reading Jagtar Singh Ors. Vs. State of Uttarakhand Ors[ SC 2018 February]