Ordinarily, encashment of an unconditional bank guarantee is not injuncted by a court. In order to obtain an order of injunction, the aggrieved party is required to demonstrate that it is either a case of […]
An arbitration agreement is an independent agreement and is binding on both the parties and neither of the parties can unilaterally change the terms and conditions of any agreement.
The question of raising the presumption under said Section 20 would not arise unless it is shown that there was conscious acceptance of the amount knowing it to be illegal gratification.
While computing the period from the making of the award till the commencement of the 2013 Act, Section 24(2) of the 2013 Act does not exclude any period during which the land acquisition proceeding might […]
It is always open to the appropriate government under Section 24(2), if it so chooses, to initiate proceedings for acquisition afresh in accordance with the provisions of 2013 Act. But, till that happens, the land, […]
Unless and until the compensation is tendered to the persons interested, mere depositing of the compensation in the court would not be sufficient. Compensation cannot be regarded as having been paid merely on the deposit […]
The issue for discussion before the Court was that the appeal/ application under Section 17 of the SARFAESI Act is maintainable only before the DRT within whose jurisdiction the asset/property with respect to which the […]
Passing of legislation by itself do not confer any such right to file a writ petition unless a cause of action arises therefor. A distinction between a legislation and executive action should be borne in […]