It was held that if the composite decree is a decree which is both a personal decree as well as a mortgage decree, without any limitation on its execution, the decree-holder, in principle, cannot be […]
Competition Act would be applicable to legitimate trade and goods to ensure competition in the market, to protect the interest of the consumers and freedom of trade in markets which are res commercium. The lottery […]
An application under Section 22(2)(b) of the Recovery of Debts due to Banks and Financial Institution Act, 1993 RDBFI Act) for production of original/certified copies of the documents mentioned in the petition was filed. On […]
It is not necessary to aver in the complaint that in spite of the return of the notice unserved, it is deemed to have been served or that the addressee is deemed to have knowledge […]
It is not open to the Arbitrator to arbitrate upon the disputes which in view of a specific clause in the contract to the effect of they been “excepted” issues.
Section 8 of the Arbitration and Conciliation Act, 1996 (Act) provides for powers of the judicial authority/ Court to refer parties to arbitration where there is an agreement to this effect. There are number of […]
The Commission observed that in deciding the remedies its primary objective is to correct the distortions in the aftermarket, to provide corrective measures to make the market more competitive, to eradicate practices having foreclosure effects […]
By the present judgment, the Bombay High Court drawn a distinction or rather clarified that cheques payable at par if gets dishonored, the complaint filed against commission of such offence punishable under Section 138 of […]
If the accused shows that in his account there were sufficient funds to clear the amount of the cheque at the time of presentation of the cheque for encashment at the drawer bank and that […]
In considering objections to the Award passed by an Arbitrator, the Court is not justified in reappraising the material on record and substituting its own view in place of Arbitrator’s view.
There are three conditions for application of second part of section 45 of the Insurance Act, namely, (a) The statement must be on a material matter or must suppress facts which it was material to […]
Any order which substantially affects the rights of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court […]