Bringing you the Best Analytical Legal News
The Court held that the petition was effectively a review in disguise, which is barred under Section 362 CrPC and cannot be entertained.
Energy, Power and Electricity — Electricity — Generation and Transmission/Supply/Distribution of electricity
In the case at hand, no settlement was arrived at between the parties and the matter was disposed of in the Lok Adalat by exercising the power under Section 256 of CrPC.
Appellate Jurisdiction under Section 37(2) of the Arbitration Act: Jurisprudence on the setting aside awards under Section 34 of the Arbitration Act
by Shekhar Raj Sharma* and Akshita Grover**
“Both the appellate fora, on-going through the evidence did not find existence of any ‘enforceable debt or other liability’. This strikes at the root of the Rajco Steel’s case”
“If the word ‘may’ is read as ‘shall’, it will have drastic consequences, as in every complaint under Section 138, the accused will have to pay interim compensation up to 20 per cent of the cheque amount and such an interpretation will be unjust and contrary to the well-settled concept of fairness and justice, exposing the provision to the vice of manifest arbitrariness.”
Penal Code, 1860 — S. 302 or 304 Pt. II r/w S. 300 Exceptions 1 & 4 — Murder or culpable homicide:
Civil Procedure Code, 1908 — S. 11 — Res judicata: Only determinations which are essential or fundamental to the substantive decision, and
“Any allegation made orally or in writing to a Magistrate that some person, has committed an offence, will fall within the meaning of ‘complaint’. Pertinently, the definition specifically excludes a police report.”
“An individual’s nonchalant attitude towards financial responsibilities and Court orders can undermine the essence of judicial efficacy.”
Corporate Laws — Company Law — Winding up and Liquidation — Overriding preferential payments: Dues towards customs duty i.e. government dues falling
“The question of debt barred by limitation is to be decided on basis of evidence as, limitation is a mixed question of law and fact”.
by Dormaan Jamshid Dalal* and Varun Rajiv Joshi**
Coal Bearing Areas (Acquisition and Development) Act, 1957 — Ss. 2(d), 9, 10, 11 and 18(a) — Demand towards premium of government
by Swarnendu Chatterjee† Anwesha Pal†† and Yashwardhan Singh†††
Cite as: 2023 SCC OnLine Blog Exp 11
Arbitration and Conciliation Act, 1996 — Ss. 14(1)(a) and 2(1)(e) r/w Ss. 11(5) and 11(6) — Application seeking termination of
by Sucheta Sarkar†