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State cannot justify cancellation of earlier selection process by issuing a notification with retrospective effect

May 18, 2022 4782 Views 0 comment Print

Jibon Kalita Vs State of Assam (Guwahati High Court) The petitioners were selected as Gaonburahs and police verification had also been completed on 25.11.2016. Title Suit No.7/2016 and Title Suit No.8/2016 were disposed of on 14.08.2017 and as such there was no bar on the part of the State respondents in issuing appointment orders to […]

Right to invoke arbitration not get waived merely because of Filing of Written Statement Qua An Independent Transaction

May 18, 2022 1521 Views 0 comment Print

Extramarks Education India Private Limited Vs MES Central School (Delhi High Court) High Court held petitioner cannot be held to be deemed to have waived his right to invoke arbitration under the subject agreements by merely filing a written statement in the Suit which is not connected with the subject agreements and is in respect […]

Education Loan cannot be denied merely for Low CIBIL Score of Co-Borrowers

May 18, 2022 8442 Views 0 comment Print

Kiran David Vs Assistant General Manager State Bank of India (Kerala High Court) The petitioners are aggrieved by the denial of education loan. The petitioner wanted to study Post Graduate Diploma in Management (Securities Market) in the National Institute of Securities Markets (NISM), Navi Mumbai. The petitioner submitted application for education loan of ₹7,30,000/- to […]

Section 65-B of Indian Evidence Act not applies to arbitration

May 18, 2022 4251 Views 0 comment Print

Millennium School Vs Pawan Dawar (Delhi High Court) In V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami & V.P. Temple And Anr.: (2003) 8 SCC 752, the Supreme Court held that an objection with regard to a certificate of Section 65-B of the Evidence Act is not available if it is not taken at the material time. […]

Arbitration agreement cannot be acted upon unless stamp duty is paid: SC

May 18, 2022 5994 Views 0 comment Print

VR Commodities Private Limited Vs Norvic Shipping Asia Pte. Ltd. (Andhra Pradesh High Court) With respect to the validity of the arbitration clause in an unstamped instrument, the Supreme Court relied on sections 33 and 35 of the Indian Stamp Act, 1899. Section 33 of the legislation relates to the examination and impounding of instruments […]

Alternative remedy is not absolute bar to maintainability of Writ Petition in Exceptional Circumstances

May 18, 2022 3180 Views 0 comment Print

B.D Tea Estates Pvt. Ltd. Vs State of West Bengal & Ors. (Calcutta High Court) Petitioner’s sole contention for avoiding the statutory alternative remedy of Appeal before the West Bengal Taxation Tribunal against the impugned order of the first Appellate authority which it has voluntarily chosen at the first instance to challenge the assessment order in […]

Despite invocation of Section 138 of NI Act Crime can be registered under Sections 406, 420 of IPC

May 18, 2022 6681 Views 0 comment Print

Submission of petitioners that proceeding for offence punishable under Section 420 of IPC is not maintainable once the complainant invokes Section 138 of NI Act is unacceptable.

Unreasoned Award is against the mandate of Arbitration & Conciliation Act

May 18, 2022 849 Views 0 comment Print

Jayaram Panda Vs Project Director (Orissa High Court) Sub-section (3) in section 31 mandates that the arbitral award shall state the reasons, upon which it is based unless, inter alia, it is to be made as per the clauses (a) and (b) in the sub-section. Said clauses do not apply in the facts and circumstances, […]

Issue of SVLDRS 4 cannot be denied merely for no provision to manually process the same

May 18, 2022 2037 Views 0 comment Print

Gujan Builder Vs Designated Committee (Madras High Court) In this case The SVLDRS 4 was not issued by the Designated Committee at that point of time. Since there is no provision to manually process it now, your request to issue discharge certificate cannot be acceded to. Moreover, the only situation where manual processing is possible […]

NI Act Section 138: Director not liable if Company is not been made accused

May 18, 2022 11304 Views 0 comment Print

Geeta Singh Vs Pradeep Singh (Delhi High Court) If a company is a drawer of the cheque, it is a necessary party to proceedings initiated under Section 138 of the NI Act. The liability of a private person, in his capacity of a Director or any other authority to act on behalf of the Company, […]

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