Arbitration and Conciliation Act, 1996, Section 9, 17 -- Application u/s 9 of the Act - When an application u/s 9 of the Act has already been taken up for consideration and is in process of consideration or has already been considered, question of examining whether remedy u/s 17 of the Act is efficacious or not would not arise...........
Insolvency and Bankruptcy Code, 2016, Section 31(1), Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 -- Withdrawal of Resolution Plan by a successful Resolution Applicant under IBC - Whether allowed before it is approved by NCLT - Owing to investigations into accounts of Educomp, applicant filed withdrawal..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Issuance of process - Quashing of said order - Petitioner contended that the company has not been joined as party in the complaint - Plea not accepted as perusal of complaint shows that name of company is shown as accused no.1 - Moreover, it is director and the authorised..........
Medical negligence -- Two operations - Consent of patient was taken at the time of first operation - At the time of second operation patient was in the process of recovery from the first operation - In such circumstance, consent was obtained from husband - Complainant who was throughout with the patient and who had given the consent did not make any other contrary noting..........
Service -- Fraudulent appointments - Termination - 38 workmen secured appointment through fraudulent process in connivance with a Dealing Assistant and Personnel Manager - Departmental action was taken by appellants/Management against these two delinquent employees - Moreover, contradictory stand of workmen at different stage would suggest that they were conscious and..........
Indian Penal Code, 1860, Section 366, 376D, 323, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Kidnapping and Rape - Prima facie facts of case disclose that accused firstly kidnapped the victim and thereafter under coercion and threat shown marriage with her and also obtained protection by filing Writ petition - This is..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319(1) Cr.P.C can be exercised at any stage after the charge-sheet is filed and before pronouncement of judgment, except during the stage of Ss.207, 208 Cr.P.C, committal, etc. which is only a pretrial stage intended to put the process into motion...........
Medical education -- Admission to MBBS/BDS - Admission to medical courses were to be done only through centralized admission process as per Notification issued by State of UP - Glocal Medical College in contravention of said Notification conducted private counseling, which was not at all permissible in law - Students cannot be said to be ignorant about such Notification -..........
Criminal Procedure Code, 1973, Section 256 -- Dismissal of complaint - If complaint is dismissed for non-payment of process fees or other fees dealt with in S.204(4) Cr.P.C, same is not an appealable order - Said order is revisable...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - At the stage of issue of process opinion which is required to be recorded by Magistrate taking cognizance of offence is that there is sufficient ground for proceeding against accused...........
