The Supreme Court, in this case has held that Arbitrator appointed with or without the intervention of the court, has jurisdiction to award interest, on the sums found due and payable, for the pre-reference period, […]
Section 3 makes provision for avoidance of marriage by contracting party, who was a child at the time thereof, through filing a petition for annulling the marriage by such party. Section 3(3) has to be […]
When a male Hindu dies leaving behind a female relative specified in Class I of the Schedule or a male relative specified in that Class who claims through such female relative surviving him, then the […]
The Supreme Court held that upon the lapse of the period of limitation prescribed, the right of the Department to assess an assesse gets extinguished and this confers a very valuable right on the assesse. […]
Supreme Court has held that for a defence of res judicata to succeed, it is necessary to show that the claim in the subsequent suit or proceedings is in fact founded upon the same cause […]
Delhi High Court has held that the TRAI under the scheme of Act exercises both regulatory and regulation making powers. The Court stated that the regulation of TRAI which prescribes the liability of the Companies […]
Supreme Court has held that Section 2(22) of the ESI Act covers the “casual employees” employed for a few days on a work of perennial nature and wages as defined in section 2(22) and wage […]
The Supreme Court held that, clearly, the object of enactment of PC Act was to make the anti-corruption law more effective and widen its coverage. In view of definition of public servant in Section 46A […]
Delhi High Court has held that Section 2(p) of the PNDT Act defining a Sonologist or Imaging Specialist, is bad to the extent it includes persons possessing a postgraduate qualification in ultrasonography or imaging techniques […]
Delhi High Court has held that IPAB has exclusive jurisdiction to consider and decide upon the merits of a plea of trademark registration invalidity – applying Section 47 and 57 of the Act- in the […]
There can be no dispute that as the liability is penal in nature, a strict construction of the provision would be necessitous. Therefore for maintaining the prosecution under Section 141 of the Act, arraigning of […]
The Supreme Court was observed that the purpose of the two enactments is entirely different. The purpose of one is to provide ameliorative measures for reconstruction of sick companies, and the purpose of the other […]