Month: May 2021

THE STATE OF MADHYA PRADESH AND ANOTHER Vs. BALDEO PRASAD

If the statute is silent in respect of one of such conditions precedent it undoubtedly constitutes a serious infirmity which would inevitably take it out of the provisions of Art. Case name: THE STATE OF MADHYA PRADESH AND ANOTHER Vs. BALDEO PRASAD Case number: 1961 AIR 293 1961 SCR (1) 970 Court: SUPREME COURT OF …

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A.Venkatesan V/S State Information Commissioner & Ors.

“One of the first principles of law with regard to the effect of an enabling act is that a legislature enables something to be done, it gives power at the same time by necessary implication to do everything which is indispensable for the purpose of carrying out the purpose in view.” Case name: A.Venkatesan V/S …

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Mrs. Prajakta Mahesh Joshi & Another v. Mrs. Rekha Uday Prabhu & Others

The unilateral appointment of Arbitrator, in such fashion itself was held to be impermissible mode to resolve the disputes by this alternative dispute resolution mode through the Arbitration. The requirement of consent so provided and/or clause so mentioned above, in no way, permits any one party to appoint Arbitrator unilaterally. Case name: Mrs. Prajakta Mahesh …

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M/S. Omcon Infrastructure Pvt. Ltd V/s. Indiabulls Investment Advisors Ltd

“Once the Managing Director of the Respondent Company was ineligible to appoint the arbitrator, the same would also bar the Company itself from unilaterally appointing the sole arbitrator” Case name: M/S. Omcon Infrastructure Pvt. Ltd V/s. Indiabulls Investment Advisors Ltd Case number/Citation: O.M.P. (T) (COMM.) 35/2020 & I.A.6153/2020 Court: High Court of Delhi Bench: HON’BLE …

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Mumthas C V/S Tahsildar

In Principal-Agent relationship, a responsibility is imposed on the Principal on the acts of Agent. The responsibility is based on common law principle “respondeat superior” (“let the master answer”). Case name: Mumthas C V/S Tahsildar Case number: Civil appeal number-32296 of 2016 Court: Kerala high court Bench: Justice N. Nagaresh Decided on: FEBRUARY 11, 2021 …

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Assistant Provident Fund Commissioner Versus Vijaya Bank And Ors

Corporate veil can be pierced by the authorities under a statute only where the statute itself permits lifting of corporate veil for realization of dues thereunder. Case name: Assistant Provident Fund Commissioner. Versus Vijaya Bank And Ors Case number: W.P.(C) No.4970/2016 Court: THE HIGH COURT OF DELHI Bench: RAJIV SAHAI ENDLAW, J Decided on: 26th …

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B.K. Educational Services Private Limited Versus Parag Gupta And Associates

The expression “actually” makes it clear that in fact a debt must be due and payable notwithstanding the law of limitation. Case name: B.K. Educational Services Private Limited Versus Parag Gupta And Associates Case number: CIVIL APPEAL NO.23988 OF 2017 Court: THE SUPREME COURT OF INDIA Bench: R.F. Nariman J. Navin Sinha J. Decided on: …

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Dharma Prathishthanam v. M/S. Madhok Construction Pvt. Ltd

“Arbitration agreement” means a written agreement to submit present or future differences to arbitration” Case name: Dharma Prathishthanam v. M/S. Madhok Construction Pvt. Ltd Case number/Citation: Civil Appeal No. 7140 Of 2004 In F.A.O. No. 287 Of 1995 Court: Supreme Court of India Bench: HON’BLE CHIEF JUSTICE MR. R.C. LAHOTI HON’BLE MR. JUSTICE G.P. MATHUR …

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