Narendra Sharma - Page 5

If Exoneration in Adjudication Proceeding on Merits, Criminal Prosecution on Same Set of Facts Can Not be allowed to Continue

The yardstick would be to judge as to whether allegation in the adjudication proceeding as well as proceeding for prosecution is identical and the exoneration of the person concerned in the adjudication proceeding is on merits. In case it is found on merit that there is no contravention of the provisions of the Act in the adjudication pro...

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Posted Under: Corporate Law |

Directions issued by SC under Article 142 of Constitution do not constitute a binding precedent

ARTICLE 142 of the Constitution of India DO NOT CONSTITUTE A BINDING PRECEDENT. Even therein, the scope and ambit of this Court's jurisdiction under Article 142 vis-`-vis existence of the statue and statutory rules and the constitutional mandate contained in Articles 14 and 16 of the Constitution of India had not been taken into consider...

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Posted Under: Corporate Law |

Every procedure permitted to court for doing justice unless expressly prohibited

Recently, hon’ble Supreme Court in RAJENDRA PRASAD GUPTA V. PRAKASH CHANDRA MISHRA & ORS. {(2011) 2 SCC 705; Civil Appeal No(s). 984 of 2006-Decided on 12-01-2011} has held as follows (in para 2). Rules of procedure are handmaids of justice. Section 151 of the Code of Civil Procedure gives inherent powers to the court to do justice. Th...

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Posted Under: Corporate Law |

Arbitral award need not be written on stamp paper by Arbitrator

The aspect of whether the provision of Section 33 is directory or mandatory WAS NOT CONSIDERED BY THE SUPREME COURT IN THE CASE OF M. ANASUYA DEVI'S CASE (supra), and in fact, SECTION 33 OF THE STAMP ACT HAS NOT EVEN BEEN ADVERTED TO in the said judgment. The Supreme Court in the case of N. Bhargavan Pillai Vs. State of Kerala 2004 (13) S...

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Posted Under: Corporate Law |

Agreements Valid without Paying Stamp Duty

(i) It is evident that EVERY INSTRUMENT shall be chargeable with duty, which is EXECUTED in India. (ii) The terms & conditions on “Airline ticket” or “Courier consignment receipt” etc are accepted orally by the buyer, rather there is IMPLIED ACCEPTANCE.iii) Therefore, “Airline ticket” or “Courier consignment receipt” etc...

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Posted Under: Corporate Law |

Beg to Differ – SC Judgment in Sita Ram Gupta Vs Punjab National Bank & Ors

Hon’ble Supreme Court in Provash Chandra Dalui & Anr (supra) has held that the essential element of waiver is that there must be a voluntary and intentional relinquishment of a known right or such conduct as warrants the inference of the relinquishment of such right. It means the forsaking the assertion of a right at the proper opportun...

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Posted Under: Corporate Law |

Arbitration Clause in General Insurance Policies – A Legal Gimmick to Avoid Liability

Purpose of Arbitration Act : The purpose of Arbitration and Conciliation Act, 1996 (‘the Act’) is to provide quick redressal to commercial dispute by private Arbitration. Quick decision of any commercial dispute is necessary for smooth functioning of business and industry. Internationally, it is accepted that normally commercial disp...

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Posted Under: Corporate Law |

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