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Micro, small and medium enterprises development act, 2006

JHARKHAND URJA VIKAS NIGAM LIMITED versus THE STATE OF RAJASTHAN & ORS.

The order dated 06.08.2012 is a nullity because the Council, after conciliation failed, did not initiate or follow arbitration proceedings in accordance with Section 18(3) of the MSMED Act and the mandatory provisions of the Arbitration and Conciliation Act, 1996; therefore the impugned order and the High Court judgment confirming it were set aside and the Council was directed to initiate arbitration or refer the dispute in accordance with the Arbitration Act.

Source excerpt

  • Conciliation
  • Arbitration
  • Award
  • Jurisdiction
  • Execution
  • Procedural law
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National highway act, 1956

UNION OF INDIA & ANR. versus BALWANT SINGH & ORS.

The impugned judgments were incorrect in applying the Madishetti Bala Ramul principle (applicable to the Land Acquisition Act) to the National Highways Act because s.3G(5) of the National Highways Act provides a different scheme permitting either party to seek reference to an arbitrator; accordingly the Supreme Court set aside the impugned judgments and remanded the cases to the Punjab & Haryana High Court to be decided under Section 37 of the Arbitration and Conciliation Act.

Source excerpt

  • S.3g(5)
  • S.25
  • Section 37 jurisdiction
  • Applicability of precedent
  • Remand
  • Arbitration
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Insolvency law

TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED versus EQUIPMENT CONDUCTORS AND CABLES LIMITED

As the claims under invoice nos. 1-57 were rejected as time barred in arbitration, there is no enforceable award or undisputed debt payable; therefore, CIRP cannot be initiated under Section 9 of IBC and order of NCLT dismissing the petition is justified.

Source excerpt

  • Corporate insolvency resolution process
  • Operational debt
  • Limitation of claims
  • Arbitration
  • Execution of arbitral awards
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Banking law

LUDOVICO SAGRADO GOVEIA versus CIRILA ROSA MARIA PINTO AND ORS.

Proceedings in execution initiated and pending under the 1984 Act prior to the commencement of the 2002 Act are saved by Section 126(6) of the 2002 Act; thus, the award and consequent sale certificate could not have been set aside on the basis asserted by the High Court, and the statutory remedies under Rule 37(13) and (14) having not been availed, no writ relief lies.

Source excerpt

  • Execution proceedings
  • Auction sales
  • Transition/repeal of statutes
  • Arbitration
  • Writ jurisdiction
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Alternative dispute resolution

B.S. KRISHNA MURTHY AND ANR. versus B.S. NAGARAJ AND ORS.

The Court directed disputes between brothers be referred to mediation, emphasizing the responsibility of lawyers to advise mediation especially in family and business relationships, citing Section 89 CPC and the teachings of Mahatma Gandhi.

Source excerpt

  • Mediation
  • Arbitration
  • Dispute resolution in family and business relationships
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Contract law

MAHATMA GANDHI SAHAKRA SAKKARE KARKHANE versus NATIONAL HEAVY ENGG. COOP. LTD. AND ANR.

The bank guarantee executed in favor of the appellant was unconditional and irrevocable and could be invoked on demand, without demur or any challenge regarding disputes between the parties. The respondent failed to establish fraud or irretrievable injury as grounds for injunction. Therefore, the appellant was entitled to encash the bank guarantee, and injunction restraining its invocation was unsustainable.

Source excerpt

  • Bank guarantee
  • Injunction
  • Arbitration
  • Irrevocable and unconditional guarantee
  • Fraud exception
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Contract law

PERCEPT D'MARK (INDIA) PVT. LTD. versus ZAHEER KHAN

The contract concerned services of personal, confidential, and fiduciary nature, incapable of specific performance and enforcement by injunction. Clause 31(b) sought enforcement beyond contract term, constituting unlawful restraint under Section 27 of Indian Contract Act. Injunctive relief amounted to compelling specific performance barred by Section 14 of Specific Relief Act and the grant of interim injunction was impermissible.

Source excerpt

  • Specific performance
  • Restraint of trade
  • Negative covenants
  • Interim injunction
  • Arbitration
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Inter-state dispute

MULLAPERIYAR ENVIRONMENTAL PROTECTION FORUM versus UNION OF INDIA

Apprehensions about dam safety from raising reservoir to 142 ft. are baseless based on expert reports; court's jurisdiction is not barred by cited constitutional or statutory provisions; raising water level will not violate environmental statutes or harm wildlife; parties may not be relegated to arbitration.

Source excerpt

  • Jurisdiction of supreme court
  • Dam safety
  • Wildlife protection
  • Forest conservation
  • Water rights
  • Legislative powers
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Service law

MANAGEMENT COMMITTEE OF MONTFORT SENIOR SECONDARY SCHOOL versus SHRI VIJAY KUMAR AND ORS.

Appeal to Tribunal is the prescribed remedy for employees under the Delhi School Education Act, 1973; arbitration can only be invoked for contractual rights after exhaustion of tribunal remedy. The Tribunal is a judicial authority with powers equivalent to a civil appellate court. Both arbitration and tribunal remedies cannot be availed simultaneously for the same dispute.

Source excerpt

  • Termination of employment
  • Arbitration
  • Appeal process
  • Minority educational institutions
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.