Digi - Legal Insights
ARBITRATION
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Advocate of High court, is appointed as Sole Arbitrator to adjudicate disputes and differences arising between Applicant and Respondent under and in connection with Cold Storage Facility Service Agreement, including Amendment Agreements dated 20 April 2022 and 14 November 2022.
ARBITRATION
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Moratorium under Section 96 of IBC does not halt Section 34 Petition, as it merely delays Developers entitlement to asset and continuation of Section 34 Petition is not prohibited by interim moratorium under Section 96 of IBC.
ARBITRATION
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Under Section 9 of Act Court had previously put interlocutory arrangements in place, but parties showed disregard for these orders and given the conduct of MRF and Uzer Makina, there is a risk to outcomes of arbitration, necessitating relief before a Section 48 Petition is filed.
CRIMINAL LAW
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Offences under Sections 504 and 506 IPC are non-cognizable, requiring Magistrate permission for prosecution and since no cognizable offence exists, order rejecting discharge application is set aside and framing charge against applicant under Section 353 of IPC is quashed.
ARBITRATION
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Retired Judge of Bombay High Court is appointed as sole Arbitrator to adjudicate upon disputes and differences between parties arising out of and in connection with Agreement.
CRIMINAL LAW
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Formation of a special investigation team recommended from both Hindu and Muslim communities to review allegations and disciplinary action against negligent police officials should be implemented.
CRIMINAL LAW
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Appellant has previously faced criminal charges but has been released on bail and has cooperated with investigation, hence, impugned order set aside making interim protection absolute, with conditions to cooperate with investigation and not to influence witnesses.
CRIMINAL LAW
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High Court erroneously concluded that no offence was made, despite evidence and granted anticipatory bail contrary to Section 18 of Act, which constitutes a jurisdictional error thus; High Courts order is not legally sustainable.
CIVIL LAW
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Lawsuit seeks possession based on Plaintiffs claim of title through natural succession, which has a 12-year limitation period hence, High Courts earlier rejection of plaint based on limitation was deemed erroneous.
CIVIL LAW
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Court based its findings on presumptions due to a lack of previous disputes, which is not permissible without proof.
TAXATION
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Revenue and Tribunal misinterpreted these contracts, as they are not generally understood to fall under category of event management, which implies overall management and organization of events.
ARBITRATION
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Present case highlights a termination due to unpaid fees by Appellants, but considering protracted time since 2020 and uncertainties regarding fee determination, substitute arbitrators appointment is deemed appropriate for further review of claims.
CRIMINAL LAW
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Both trial Court and High Court are found to have erred in their evaluation of evidence leading to conviction of accused hence, impugned judgments do not stand to scrutiny and are hereby set aside.
CRIMINAL LAW
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Appellants convictions are upheld as evidence clearly establishes their guilt, with prosecution having proved its case beyond reasonable doubt.
CRIMINAL LAW
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High Courts unfair treatment of Appellants justified quashing proceedings against them hence, judgment of High Court is set aside in part, specifically regarding refusal to quash proceedings against Appellants, leading to quashing of all proceedings for those involved.
CRIMINAL LAW
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Victim does not implicate accused 1 in any offense and her claims regarding accused 2s actions are deemed unreliable hence, no justification for accuseds 2 convictions under Section 323 IPC, based on evidence presented.
CRIMINAL LAW
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Sufficient evidence establishes collective intention among accused to commit offence under Section 149 IPC hence, conviction and sentence imposed upon Appellants confirmed.
MOTOR ACCIDENT COMPENSATION
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A subsequent acquittal in a criminal case by extending the benefit of doubt does not displace civil liability.
SERVICE LAW
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Respondents were entitled to a pay scale consistent with roles of JBT Teachers, retroactive to specific dates and Execution Court exceeded its bounds in interpreting the order, warranting its set-aside.
SERVICE LAW
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Respondent no.1 is entitled to absorption as a Lecturer per applicable policy, but no opinion is given on any independent claims regarding appointment, promotion, or other benefits related to Head of Department position and any claims by respondent no.1, having already superannuated, will be addressed by appropriate forum according to law.
Judgement
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