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Showing posts with label court. Show all posts
Showing posts with label court. Show all posts
Saturday, 1 June 2019

Whether court can appoint court commissioner as per provision of CRPC?

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CrPC 284: Section 284 of the Criminal Procedure Code When attendance of witness may be dispensed with and commission issued Whenever,...
Saturday, 27 April 2019

Whether filing of false affidavit before court amounts to contempt of court?

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 It has been held in the case of Hiralal Chawala and Anr. v. State of U.P. and Ors. MANU/SC/0432/1990 : [1990]1SCR325 that filing of false...
Sunday, 10 February 2019

When agreement giving option to parties to resolve dispute by arbitration or court can be treated as arbitration clause?

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In the case at hand, as we find, Clause 15 refers to arbitration or court. Thus, there is an option and the Petitioner has invoked the ...
Sunday, 16 September 2018

How to ascertain when dispute can be referred to arbitration?

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  The aforesaid passage makes it clear as crystal that emphasis has been laid on the intention of the parties to have their disputes r...
Monday, 1 January 2018

Whether court can appoint arbitrator contrary to prior arbitration agreement ?

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In Voestalpine Schienen GMBH v. Delhi Metro Rail Corporation Limited MANU/SC/0162/2017 : (2017) 4 SCC 665, the relevant Clause contempl...
Sunday, 31 December 2017

Whether it is permissible to raise issue of arbitrability of dispute at subsequent stage before court?

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This Court, in Mcdermott International Inc. v. Burn Standard Co. Ltd. and Ors. MANU/SC/8177/2006 : (2006) 11 SCC 181, has held that the ...
Saturday, 30 December 2017

Whether court can appoint arbitrator if arbitrator appointed by party refuses to act?

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The decision in the case of S.B.P. and Company vs. Patel Engineering Ltd. and another [MANU/SC/1736/2009 : (2009) 10 SCC 293] is relied ...
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Saturday, 25 November 2017

Whether court will permit production of documents of one party in arbitration proceeding if it will jeopardise interest of said party?

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Arbitration - Production of document - Applicant filed application to direct to Superintendent of Police CBI to produce charge-sheet...

Whether party can approach court for securing presence of witnesses if his request is not approved by arbitrator?

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Section 27  of the Act permits the court assistance in taking evidence if the arbitral tribunal or a party with the approval of the arbitr...
Wednesday, 18 October 2017

Whether it is necessary for court impound document even if it is not considered in evidence?

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Apart from the same, as per Section 33 of the Act, Court is vested with powers before whom any instrument chargeable in his opinion, with ...
Saturday, 14 October 2017

Whether decree against minor will be nullity if his guardian is not appointed by court?

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Mr. Raghunathan drew my attention to Order 32, Rule 3 of the Code, which requires the Court to appoint a, proper person to be a guardia...
Friday, 6 October 2017

Whether courts in India can grant interim relief even if place of Arbitration is outside India?

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This is an application filed by the petitioner invoking Section 9 of the Arbitration and Conciliation Act, 1996 (for short 'the Act...
Monday, 2 October 2017

Whether court has power to remand case to arbitral tribunal?

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On a bare reading of this provision, it is amply clear that the Court can defer the hearing of the application filed Under Section 34 for ...

Whether court can relegate parties before arbitral tribunal after setting aside arbitral award as per S 34 of arbitration Act?

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 In any case, the limited discretion available to the Court Under Section 34(4) can be exercised only upon a written application made in t...
Sunday, 9 April 2017

When Delay in sending FIR to court is not fatal to prosecution case?

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 FIR as well as the inquest report both mentioned the accused Anjan Dasgupta.   The inquest report has not   been   questioned   on   a...
Thursday, 23 March 2017

Whether civil suit becomes property of court as soon as it is filed?

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This Court has come to a strange situation wherein repeatedly the suits and appeals were permitted to be withdrawn by the petitioner on ...
Monday, 13 March 2017

Whether court can direct accused to face trial as per S 319 of CRPC without recording evidence?

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In a case  Hardeep   Singh   Vs.   State   of   Punjab   and Others   (supra)  relied upon by the learned counsel for the respondent No.4...
Saturday, 11 February 2017

Where communication of termination order is served on employee,court at that place will have jurisdiction to try said case

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Therefore, the ratio of the judgment in the case of  Sterling Agro Industries Ltd.  (supra) will have no application and will not help t...
Tuesday, 31 January 2017

Whether court can grant permission to adduce secondary evidence without recording satisfaction about existence of document?

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The   law   discussed   above   would   show   that   in   order   that secondary evidence is admitted, form of the secondary evidence is ...
Monday, 30 January 2017

Whether court should issue warrant of arrest against husband if he is wilfully avoiding payment of maintenance?

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At this juncture, this Court relevantly points out that ordinarily a Court of Law before passing an order for arrest and detention of t...