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SUPREME COURT OF INDIA
Year of decision: 2014
Details
Arbitration and Conciliation Act, 1996, Section 11(6)- - Appointment of Arbitrator - Application rejected on the ground that no arbitration agreement exists - Subsequently parties have filed joint application showing name of arbitrator mutually agreed between them - Impugned order set aside and matter referred to arbitration...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Proposed amendment to incorporate the fact in respect of proceedings u/s 145 Cr.P.C. - Rejected on the ground that criminal proceedings has no relevance in the present dispute - Amendment sought will not cause any prejudice to the plaintiffs - While declining..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 4-- Ex parte order - Setting aside - Court proceeded ex-parte against defendants and in all attempt by defendants to file written statement alongwith application was disallowed by trial court and defendants were also prevented from even cross examining the witnesses - Application to set aside ex parte..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 13, Rule 1-- Production of additional document - Court rejected the application U.O.13.R.1 CPC on the ground that nothing about plan Exh.A mentioned in plaint - However, there is a reference to a plan on which reliance has been specifically placed by plaintiffs - In absence of specifics of plan in plaint or..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Rent and Eviction -- Ejectment - Agreement of tenancy between parties provided for an adjudication by arbitral process - Plea that lease period has expired and, therefore, agreement cannot be relied on for reference to arbitration - Held, plea liable to be rejected - Arbitral agreement was to resolve any dispute and..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Service -- Retiral dues - Delay & laches - Claim of retiral dues after 17 years of retirement - Courts below having raised presumption of no, service of cheque allowed claim of respondent without considering question of limitation or delay and laches - Held, impugned order liable to be set aside - Matter..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), 3, 4, 7, 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12-- Juvenility - Determination - Scanty inquiry conducted and trial Judge concluded that age of appellant was more than 16 years on date of incident and he was not sick - Resultantly his application was rejected and he was ordered to be tried by trial Court - Held, such a determination of appellant's..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Accused summoned without adhering to the mandatory provision of S.202(1) Cr.P.C. as accused was residing beyond jurisdiction of Court - Magistrate also summoned an accused who was dead on the date of recording statement of complainant - Revisional Court rejected revision..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Trial - Complainant has denied execution of compromise deed as alleged by accused - Plea of petitioner for comparison of respondent's signatures was rejected on ground that application should have been made after cross examination of complainant - Compromise deed is on record..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 22(5)-- Detention order - Validity - Representation dated 12.02.2013 sent by detenu was received by Govt. on 15.02.2013 - Remarks were called for from Collectorate on 19.02.2013 and same was received by Govt. only on 01.03.2013 - Ultimately, representation was rejected on 13.03.2013 - Held, even after..........

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