Showing : 11-20 of 252 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i)-- Summary suit for recovery - Written contract - Joint motion/judgment of US Court - Consent judgment retains the character of contract and same cannot be altered or modified by Court without consent of parties who has consented thereto - Thus, notwithstanding joint motion having crystallized to a..........
DELHI HIGH COURT
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 9-- Interim relief - Liquidated damages - Delay in completing project - Matter to be adjudicated by arbitrator and not by Court - At this stage only prima facie view is to be taken and equity is to be balanced between parties - Interim order passed directing respondent to make all payment due to..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438(2), Indian Penal Code, 1860, Section 498A, 406-- Anticipatory bail - Imposition of a condition to produce bank guarantee of Rs.20 lacs - Condition is onerous and thus deleted...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 2(1)(f)-- International Commercial Arbitration - Where contract is awarded to foreign company and dispute arising out of Corporate Guarantee executed by said foreign company, arbitral Tribunal has to be International Commercial Arbitration...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 11(6A)-- Appointment of arbitrator - Six arbitral agreements including corporate guarantee - Each agreement contains provision for arbitration having independent existence with separate arbitration clauses - There cannot be single arbitral Tribunal for said agreements - While arbitrations can be the same,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Constitution of India, 1950, Article 226-- Writ of mandamus - Restraining respondent No.3 from releasing of bank guarantee on account of delay in execution and completion of project of water supply line - Exercise of extraordinary jurisdiction under Art.226 of Constitution - Court cannot issue injunction against invoking of such bank..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 2(12)-- Mesne profits - Reduction of - Amount already paid for the period in question i.e a sum of Rs.1,83,00,000 as mesne profit including interest thereon should suffice and no further amount is to be paid - Lump sum amount is sufficient to discharge the liability and bank guarantee for remaining amount..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Medical Council of India Act, 1956-- Increase in Post-Graduate seats - Bank guarantee - Letter for furnishing Bank guarantee for increase of seats was received by petitioner/college on the last day of its expiry - College submitted the Bank guarantee within 3 days - Technical lapse that too when it was beyond the control of college..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Leave to defend - Agreement to sell - Defendant forfeited advance money, as time limit stipulated and agreed by parties was not adhered to - However, it is evident that time was never essence of agreement - Even otherwise, earnest money cannot be forfeited in entirety unless loss is pleaded - As..........
KERALA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63, Criminal Procedure Code, 1973, Section 451-- Release of vehicle seized under NDPS Act - If accused himself is the registered owner, vehicle can be released to accused only after taking appropriate bond and also bank guarantee equivalent to value of vehicle - However, if registered owner claiming vehicle is not the accused, Court would be..........

Showing : 11-20 of 252 Results