Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of Supreme Court - Execution petition to execute final award passed by Arbitrator was already filed regarding said order - It is for the petitioner to work out his remedy - When regular execution petition is pending, it cannot be said that respondent has intentionally violated the order -..........
Criminal Procedure Code, 1973, Section 190, 227 -- Cognizance of offence - Order setting aside discharge of accused - Loan transaction between two sisters and civil suit for specific performance was pending - Petitioner is neither a signatory to documents nor he is a witness - Allegation of forging signature stand disapproved by FSL report - No offence whatsoever is made..........
Insolvency and Bankruptcy Code, 2016, Section 43, 434, Companies (Transfer of Pending Proceedings) Rules, 2016, Rule 5 -- Transfer of pending proceedings - Winding up proceedings - All proceedings u/s 20 of Sick Industrial Companies pending before High Court are to continue as such until a party files an application before High Court for transfer of such proceedings - Once..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Financial creditor's petition - Proceeding u/s 7 of the Code is an independent proceeding which has nothing to do with transfer of pending winding up proceedings before High Court - Creditor at any time before a winding up order is passed to apply u/s 7 of the Code...........
Foreign Contribution (Regulation) Act, 1976 -- Applicability of the Act - Matter is sub judice and pending in similar case - Issue with regard to applicability of provisions of FCRA Act can be decided more properly only after evidence is adduced by prosecution - At the initial stage of proceedings, it does not appear appropriate or possible to probe this issue and decide..........
Insurance claim -- Demolition of building by Municipal Corporation - Exclusion of claim in policy - Demolition was carried out under authority of Municipal Corporation - Insurer repudiated the claim on the ground that demolition was under the authority of law and such claim is excluded under insurance policy - Exclusion under the policy of insurance was attracted, as..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Conditions must be fulfilled to attract the provision of S.10 CPC, viz. (i) Suit must be between the parties; (ii) Matter in issue in the later suit must be directly and substantially the same as in the previous suit; (iii) On the date of application, both the suits must be pending; (iv) Parties must be..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(v)(x)(xiv) -- Offence u/s 3(v)(x)(xiv) of SC/ST Act - Strained relations between parties on account of dispute relating to path which originated in the year 2003 - Complaint filed by complainants was highly suspected as dispute concerning path was already pending adjudication before civil..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Non-production of charge sheet within 180 days of statutory period - Public prosecutor not filed any application for extension of period of investigation - There could not be any reason for Special Judge in not disposing of application..........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Settlement - Parties have taken a conscious decision to part - There is thus, no need for parties to go through regular process - Marriage between parties thus, dissolved by a decree of divorce by mutual consent - Since parties have settled the dispute, all pending proceedings between parties disposed of in view..........
