Arbitration and Conciliation Act, 1996, Section 37(1)(c) -- Arbitral award - Appeal against - Conjoint reading of all documents reveal that there were no guidelines at all that provide for royalty being factored as cost while fixation of tariff - Finding of Arbitral Tribunal regarding existence of law to the effect that royalty payable shall be permitted as a pass-through..........
Rajasthan Rent Control Act, 2001, Section 9, Rajasthan High Court Rules, 1952, Rule 134, Constitution of India, 1950, Article 226, 227 -- Eviction - Rent Tribunal and appellate Rent Tribunal constituted under the Act while adjudicating disputes between landlord and tenant, exercising judicial power of State, discharge judicial functions, which are akin to judicial..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 16 -- Eviction - Neither Tribunal nor Appellate authority on an appeal preferred u/s 16 of the Act, have jurisdiction to pass an order of eviction...........
Constitution of India, 1950, Article 226, Himachal Pradesh Goods and Services Tax Act, 2017, Section 107, 2(4), 83, 5(3), 164, Himachal Pradesh Goods and Services Tax Rules, 2017, Rule 159 -- Writ petition against order of provisional attachment - Availability of alternate remedy of appeal u/s 107 - Appeal available only against decision of "adjudicating authority" which..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Judgment of First Appellate Court should not be interfered with by High Court in exercise of its jurisdiction u/s 100 CPC, unless there is a substantial question of law...........
Insolvency and Bankruptcy Code, 2016, Section 61(2), Limitation Act, 1963, Section 14 -- Appeal - Limitation - Exclusion of time u/s 14 of Limitation Act - Judgment of NCLT is dated 28.11.2019 - Appeal filed in on 18.2.2020 - However, immediately after order was passed by NCLT, appellant preferred writ petition before Division Bench of High Court on the ground that..........
Insolvency and Bankruptcy Code, 2016, Section 31, 32 -- Submission of resolution plan - Appeal is a creature of statute and that statute has not invested jurisdiction and authority either NCLT or NCLAT, to review commercial decision exercised by Committee of Creditors of approving the resolution plan or rejecting the same...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Money suit - Concurrent findings of both the Courts below being finding of facts that plaintiff had ability to provide loan of Rs.1 lakh to defendant and having held so both the Courts below decreed the suit in favour of plaintiff, cannot be interfered by High Court in exercise of its jurisdiction u/s 100 CPC -..........
Negotiable Instruments Act, 1881, Section 138, Constitution of India, 1950, Article 136 -- Dishonour of cheque - High Court convicted accused in an appeal against acquittal - Power of Supreme Court under Article 136 of the Constitution do not encompass re-appreciation of entirety of record merely on the premise that High Court has convicted accused for the first time in..........
Negotiable Instruments Act, 1881, Section 138, Constitution of India, 1950, Article 136 -- Dishonour of cheque - High Court convicted accused in an appeal against acquittal - Power of Supreme Court under Article 136 of the Constitution do not encompass re-appreciation of entirety of record merely on the premise that High Court has convicted accused for the first time in..........
