Arbitration and Conciliation Act, 1996, Section 44 -- Parts I, II - Foreign award - Execution - Clause of settlement agreement showing that arbitration is to be resolved "in Zurich" in accordance with Rules of Conciliation and Arbitration of International Chamber of Commerce (ICC) - Zurich therefore determined to be juridical seat of arbitration - Arrangement accepted by..........
Criminal Procedure Code, 1973, Section 160 -- Attendance of witnesses - Power of police officer - S.160 Cr.P.C states that a police officer investigating a case can require attendance of any person who is residing within limits of his own police station or any adjoining police station and who appears to be acquainted with facts of case under investigation - In the instant..........
Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
Permanent establishment -- Double taxation avoidance treaties - Mumbai project office is not a fixed place of business through which core business of assessee was wholly or partly carried on - Said Mumbai project office is solely an auxiliary office, meant to act as a liaison office between Assessee and ONGC - Therefore, no permanent establishment has been set up within..........
Constitution of India, 1950, Article 32 -- Quashing of FIR - Where FIR is investigated at Police Station in Mumbai, petitioner must be relegated to avail of the remedies which are available under Cr.P.C before the competent Court including High Court - Petition u/art 32 for quashing FIR not maintainable...........
Change of land use -- Area reserved for open space/garden - Permission for construction - Open spaces/garden left in a approved layout cannot be allowed for purpose of construction in view of subsequent development plan prepared by Maharashtra Housing and Area Development Authority. (Mumbai Municipal Corporation Act, 1988, Ss.300, 302-A, Maharashtra Regional and Town..........
Constitution of India, 1950, Article 226 -- Mumbai Municipal Corporation Act, 1888, Ss.5A (as inserted by Maharashtra Act of 1994, 5B (as reinserted by Maharashtra Act of 2012, 2nd proviso - Provision of S.5B of Mumbai Municipal Corporation Act does not oust jurisdiction of High Court under Article 226 of Constitution...........
Constitution of India, 1950, Article 243T -- Mumbai Municipal Corporation Act, 1888, Ss.5A (as inserted by Maharashtra Act of 1994, 5B (as reinserted by Maharashtra Act of 2012) 2nd proviso - High Court under Article 226 can pass order interdicting legal fiction engrafted in a State enactment, provided legal fiction had not come into operation...........
Service -- Transfer order - Stay of order - Respondent transferred from Mumbai to Bhubaneshwar - Order of transfer was issued to respondent by Government of India in Ministry of Finance - High Court stayed the order of transfer - However, prima facie no case to the effect that order of transfer was either mala fide or in breach of law - Individual hardships are matters..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Jurisdiction of Court - Courts at place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by husband or his relatives, dependent on factual situation, also have jurisdiction to entertain complaint under the Act - In the..........
