Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 56 -- Doctrine of frustration - Suspension of payment of rent - Lockdown due to Covid-19 - S.56 of the Act would not apply to a lease agreement and other similarly situated contracts which are `executed contracts' and not `executory contracts'...........
Contracts -- Some contracts which are not classic tenancy or lease agreement where premises is occupied and a monthly pre-determined amount paid purely as `Rent' or `Lease amount' manner in which pandemics such as COVID-19 can play out would depend upon nature of contract - In contracts where there is a profit-sharing arrangements or an arrangement for monthly payment on..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32, 56, Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Suspension of payment of rent - Due to COVID-19 lockdown - There is no rent agreement or lease deed between parties and hence S.32 of Contract Act has no applicability - Even, case is governed by provisions of Delhi Rent..........
Karnataka Town and Country Planning Act, 1961, Section 4A(1), 15(2)(4), Karnataka Industrial Areas Development Act, 1966, Section 28(4) -- Permission for development of land - Modification in proposal for use of land in manner other than specified in Framework Agreement (FWA) and Project Technical Report(PTR) - State alone can allow Project Proponents to deviate from..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Work contract - Agreement arrived at between parties for purpose of well drilling and other auxiliary operations - During subsistence of contract price of High Speed Diesel (HSD) one of essential materials for carrying out of drilling operations increased - Contract was based on fixed..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit for damages - Suit for declaration, permanent and mandatory injunction - Plaintiff neither in application contended that there is a formal defect because of which suit must fail, nor trial Court adverted on said aspect - Requirement U.O.23.R.1(3) CPC for grant of liberty..........
Electricity Act, 2003, Section 43 -- Recovery of amount - Deemed incentive - Power Purchase Agreement by Board with Corporation, wherein former was to purchase and later to supply - Tariff for sale was to be determined by Central Government - Prior to power purchase agreement, notification issued that Units using naphtha to receive incentives - Later said notification..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Mediation agreement - Challenge as to - Proceedings disposed of in terms of mediation agreement - In the absence of any challenge against order passed by Court accepting mediation agreement, a challenge against mediation agreement alone would not lie - Original Petition..........
Income Tax Act, 1961, Section 2(24), 4, 5, 9 -- Income tax - Respondent has its liaison office in India having it main server in UAE - Liaison office is not a Permanent establishment in terms of R.5 of Double Taxation Avoidance Agreement - No tax therefore, can be levied or collected from liaison office of UAE in India in respect of primary business activities consummated..........
Arbitration and Conciliation Act, 1996, Section 36 -- Execution of arbitration award - As per agreement, Arbitrator was authorised to only fix the price of land which was to be sold by appellant to respondent - In the agreement there was an option to respondent to either accept the price fixed by Arbitrator or refuse to get the sale deed executed at the price fixed by..........
