The writ petitions raise an important question relating to the powers of the Enforcement Directorate (ED) to provisionally attach properties under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA) even though no proceedings relating to the predicate offense may have been initiated by the competent agency functioning under an independent statute and in terms of which the scheduled offense stands created.
Where there exists any iota of inconsistency between two provisions of a same instrument, the former clause shall prevail over the latter one
Delhi High Court: In a review petition filed under Section 114 read with Section 151 of the Civil Procedure Code on behalf
The Karnataka High Court strictly admonished the petitioner for abusing every jurisdiction of law but refused to impose exemplary costs as the same would only increase the agony of the petitioner, whose marriage was annulled albeit with consent.
Allahabad High Court: In a suo motu contempt application against an Advocate, the division bench of Ashwani Kumar Mishra and Shiv Shanker
Bombay High Court: In the present appeal filed under Section 260-A of the Income Tax Act, 1961 preferred against the
It has been alleged that the Ecological concerns have not been taken into consideration while granting lease to certain Salt Plants. NGT will now decide if it has the power to cancel the lease on the grounds that the lease has an adverse impact on the environment.
Section 9 of CPC is also symbolised as the gateway to the civil Courts as it envisages not only the inherent powers of the Civil Courts to entertain any suit of a civil nature, but also the inherent rights of the disgruntled yet hopeful litigants to approach the civil Courts with a huge expectation that they will get justice from this forum, which would adjudicate upon their infracted legal rights and will invoke the legal machinery to protect and vindicate such rights.
Fraud, as an exception to the rule of non-interference with encashment of bank guarantees, is not any fraud, but a fraud of an egregious nature, going to the root i.e., to the foundation of the bank guarantee and an established fraud. The entire case of the respondent fails to qualify for this.
Calcutta High Court | Krishna Rao, J., held that under Companies Act, 2013, Civil Courts have jurisdiction to enquire into
Mere expression “place of arbitration” cannot be the basis to determine the intention of the parties that they have intended that place as the “Seat of Arbitration”
Delhi High Court: In a case where revision petition was filed against the order passed by the Trial Court by
Supreme Court: The 3-judge bench of Sanjay Kishan Kaul*, Abhay S. Oka and Vikram Nath, JJ, while dealing with the issue relating
Delhi High Court: In a case filed by Panasonic India Private Limited (petitioner) seeking appointment of an arbitrator to adjudicate disputes which
Allahabad High Court: In an anticipatory bail application, Rajesh Chauhan, J. has directed the police to release the applicant on transit bail
“Apart from the remission ordered, there is no basis on which a party in CKH’s position or the Tribunal itself can seek to re-open or expand the subject matter of the award or arbitration.”
Tripura High Court: In a batch of writ petitions filed for directing the State Government to provide similar Pension benefit as granted
Supreme Court: In an appeal regarding the jurisdiction of National Green Tribunal’s (NGT) to pass an order to operate a unit without
Madras High Court: In a case relating to a writ petition filed by Tamil Nadu electricity minister V. Senthil Balaji for issuance
Bombay High Court: While deciding the instantwrit petition wherein the issue was regarding transgression of Additional District Magistrate’s jurisdiction under Section 14