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Showing posts from December, 2023
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Though claim rejected in 2014, arbitration notice issued and rejected only in 2020 - application under section 11 filed in July 2020 for appointment of arbitrator within Limitation period of 3 years.

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Reckoning date for computing 12 or 18 months under Sedion 29 A is date on which Arbitral Tribunal entered upon Reference upto 29.8.2019 and it is date of completion of pleadings on and from 30.08.2019

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Police Personnel 'Authorised Officer' Under Mines And Minerals Act, Have Powers To Seize Vehicle, Compound Offences: Madras High Court

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In absence of consent in writing from Petitioners, appointment of Arbitrator itself is considered as non est in law and Arbitrator is disqualified to commence Arbitral proceedings - Failure on part of Petitioners to challenge appointment of Arbitrator under Section 13 would not disqualify them to challenge same under Section 34

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Maintenance To Wife Not A Debt, Husband's Pension Not Exempted From Attachment Towards Payment Of Arrears

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Bank is public authority - bank owe duty to provide information to all citizens under Act

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Societies registered under Tamilnadu cooperative society Act not public authority - Societies not owned, controlled and established by central or state government

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Societies registered under Tamilnadu cooperative society Act not public authority - Societies not owned, controlled and established by central or state government

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In Partition suit - Registry can't insisting for production of legal heirs certificate for Number the suit

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Eviction proceeding pending against tenant - Premises sold pending such proceeding - Attornment by tenant and payment of rent to purchaser

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Petition filed by third parties to suit is not maintainable

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Unless there is a specific bar under the contract, it is always open for the arbitrator / Arbitral Tribunal to award pendente lite interest

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The Court has no power to modify the award under Section 34 Arbitration and Conciliation Act.

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Starting point of limitation u/section 34(3) Arbitration Act in cases of suo motu correction of award - Court has the power to condone the delay for further period of thirty days - Application for condonation of delay can be filed at any time till the proceedings are pending

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Court cannot, after setting aside the arbitration award, proceed to grant further relief by modifying the award.

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Sub registrar shall not refuse to register the sale certificate only on the ground that the civil court has passed an order of attachment

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Dues under Micro, Small and Medium Enterprises Development Act, 2006 would not prevail over SARFAESI Act.

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Public authority - Definition- Includes non-Governmental educational institution receiving substantial grants from Govt. - Liable to furnish information sought for under Act.

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'Public authority' - Indian Institute of Banking and Finance a non-Governmental organisation - Institute is not 'public authority'

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"Public authority" - Definition- Schools or institutions privately fundedand which is not owned or controlledby Govt. - Cannot come within definitionof 'public authority'

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Request for obtaining information - Public authority - Definition of - Co-operative Society neither instrumentality nor agency of State Govt. but in fact purely private entity having no pervasive control of financial aid of Govt. - Not legally bound to furnish information.

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Private chit fund companies are doesn't come under the ambit of RTI Act - complaint before consumer forum not maintainable

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Disclosure of Information - Maintainability of complaint - RTI Act is a code in itself - It provides for remedies available under this Act to person who has been denied any information - Remedy available under RTI Act - Complaint not maintainable.".

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Disclosure of Information - Maintainability of complaint - RTI Act is a code in itself - It provides for remedies available under this Act to person who has been denied any information - Remedy available under RTI Act - Complaint not maintainable.".

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Disclosure of Information - Maintainability of complaint - RTI Act is a code in itself - It provides for remedies available under this Act to person who has been denied any information - Remedy available under RTI Act - Complaint not maintainable.".

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Complainant cannot be considered as 'Consumer' under Consumer Protection Act since there is remedy available for complainant to approach appellate authority under Section 19 of RTI Act.., 2005 - Complaint not maintainable."

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Private unaided schools do not come with purview of 'public authority'

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Post Dated Cheque issued by father to discharge the liability of his son - is legally enforceable debt - cheque validity period calculated from the date mentioned in the face of the cheque, not the earlier date when the drawer actually gave the cheque to drawee -complaint maintainable

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