Showing : 51-60 of 1594 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 8, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, Section 13(1)-- Order which refer parties to arbitration u/s 8 of the Act - Not appealable u/s 13(1) of 2015 Act as said order is not appealable u/s 37(1)(a) of 1996 Act - Even, appeal rejecting plea u/s 16(2) & (3) of 1996 Act is not appealable u/s 13(1) of 2015 Act, as said order is not appealable u/s 37(2)(a)..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration and Conciliation Act, 1996, Section 16-- Arbitral award - Jurisdiction - Where an award, which does not relate to Arbitral Tribunal's own jurisdiction u/s 16 of the Act, does not have to follow drill of Ss.16(5), (6) of the Act...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 16, Evidence Act, 1872, Section 102-- Adoption - Challenge thereto - Burden of proof to challenge adoption deed and proving that it was not properly executed was upon plaintiff - Plaintiff however, failed to explain satisfactorily as to why she put her signatures on document, despite being suspicious about it - Moreover, document in..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 16-- Adoption deed - Presumption - Nothing on record to prove that consent of natural mother of adoptee was taken - No evidence on record that ceremony of giving and taking was performed - In the absence of giving and taking ceremony, adoption cannot be said to be valid - Even no evidence on record to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 6, 7, 9, 16-- Registered adoption deed - Act does not prescribe for performance of a particular ceremony for validly carrying out a adoption - Adoption can take place on natural parents giving child in adoption to adoptive parents - More so, a presumption of correctness is available to registered documents..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376-- Rape - Age of prosecutrix - Determination - Radiological age of prosecutrix was 14 years on the date of incident - Margin of 2 years on either side is granted to prosecutrix for determining her age, then she was above 16 years of age at the relevant time in 1984 - Under unamended S.375 IPC, age of..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 363, 366A, 376(2)(n)-- Kidnapping and rape - Age of prosecutrix - Prosecutrix was about 16 years at the time of incident - It is thus, proved that prosecutrix was minor on the date of incident - As such consent is immaterial - Accused is guilty of kidnapping and rape of prosecutrix - Accused rightly convicted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 2, Specific Relief Act, 1963, Section 16, 20-- Preliminary issue - Suit for specific performance - Issue as to readiness and willingness - Issue is a question of fact and not a question of law - Issue of readiness and willingness cannot be determined without referring to evidence on record - Order declining to treat issue of readiness and..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Industrial Disputes Act, 1947, Section 25FFF-- Compensation - Closure of industrial Unit having less than 100 workers - Most of workers have settled their claims by accepting compensation offered by respondent no.1 voluntarily - Only 16 workers remain unpaid, as they did not accept compensation when offered to them - Total compensation paid to..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Prevention of Food Adulteration Act, 1954, Section 7(i), 2(ia)(a), 2(ia)(m), 16, 17, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Adulteration in mustered oil - Vicarious liability - To substantiate vicarious liability, neither there is averment in complaint nor there is any material to fasten liability of applicants - Proceedings not tenable in law against applicants - Proceedings quashed...........

Showing : 51-60 of 1594 Results