Arbitration and Conciliation Act, 1996 – Section 37(1) Appeal – Challenge against order passed by ADJ dismissing application under Section 34 of A&C Act – Appeal dismissed, affirming Sole Arbitrator’s award. [Para 1, 6, 25]
Arbitration Agreement – Enforcement and interpretation – Arbitrator’s jurisdiction encompassed disputes arising from ...
Contempt of Court – Civil Contempt – Alleged disobedience of final order and decree in C.S. (Comm.) No. 182/2017 – Petitioner company seeking initiation of contempt proceedings against respondents for non-compliance with settlement agreement – Contempt not established due to financial constraints of respondents. [Para 1-17]
Lease Agreement – Non-payment o...
Railways Act, 1989 – Compensation Claim – Train Accident Death – Appeal against dismissal of compensation claim by Railway Claims Tribunal (RCT) – Deceased died in train accident, appellant sought compensation under Section 23 of the Railways Act, 1989. [Para 1]
Evidence and Witnesses – Credibility of witnesses in proving deceased was a bona fide train pa...
Insolvency and Bankruptcy Code, 2016 – Section 60(6), Section 96 – Personal Guarantee – Debt Recovery Proceedings – Writ of Prohibition – Validity of Demand Notice – Resolution Plan – Hutchens v. State Bank of Kansas Principle.
Hutchens v. State Bank of Kansas Principle – Applicability in Indian Context – Distinction from Present Case &ndash...
Jurisdiction - Article 227 of the Constitution of India - Scope of interference - High Court's power of judicial review under Article 227 - Limitations on the exercise of power - High Court cannot act as an appellate body or re-appreciate facts - Interference justified only when the lower court has exceeded jurisdiction or proceeded under erroneous presumption of jurisdiction - Interference wa...
Probate of Will - Petition under Section 276 of the Indian Succession Act, 1925 - Grant of probate for Will dated 27.09.2012 of late Ms. Kanval Dhillon - Testatrix's Will contested by her sisters (Respondents 2 and 3) - Petitioners (executors) are close friends of the testatrix - Authenticity and validity of the Will challenged due to overwriting and cuttings. [Para 1-3]
Testament...
Education – Implementation of 6th and 7th Central Pay Commission (CPC) in Private Unaided and Minority Schools – Private unaided schools, including minority schools, directed to implement 6th and 7th CPC recommendations for staff salaries and benefits. Compliance with Section 10 of Delhi School Education Act, 1973 (DSE) mandated, ensuring salaries and benefits are on par with governmen...
Validity of Tax Assessment on a Social Club Under the Delhi Tax on Luxuries Act, 1996 – Challenge to the order by Delhi Gymkhana Club regarding tax assessment for FYs 2009-10, 2010-11, and 2011-12 under the Delhi Tax on Luxuries Act, 1996 – Club argued based on principles of mutuality and its status as a not-for-profit company under Section 25 of the Companies Act, 1956 – Held, t...
Income Tax – Reassessment proceedings under Section 148 – Challenge against issuance of notice for reassessment – Impugned notice based on ‘reason to believe’ that income had escaped assessment – Writ petition filed against proceedings. [Paras 1-6]
Income Tax Return – Filing and processing of return – Return for Assessment Year 2011-12 p...
Challenge to Tribunal’s Order – Petition against Central Administrative Tribunal's order directing review DPC for promotion of respondent No.4 retrospectively – Petitioners claim their seniority affected due to Tribunal's decision without their participation in the original application – Tribunal’s order based on Supreme Court’s interpretation of equival...