Avitel Post Studioz Ltd Vs HSBC PI Holding (Mauritius) Ltd

The Hon’ble Supreme Court held that the scope of the arbitration agreement is defined by the Arbitration Agreement itself. And arbitration cannot proceed on public law remedies, and construction needs to be strictly done within the framework of Contract Law. After these judgments, it is clear that “serious allegations of fraud” arise only if either […]

Afcons Infrastructure Ltd Vs Nagpur Metro Rail Corpn. Ltd.

Hon’ble Supreme Court in regards with construction of a Tender Document. We must reiterate the words of caution that this Court has stated right from the time when Ramana Dayaram Shetty v. International Airport Authority of India[6] was decided almost 40 years ago, namely, that the words used in the tender documents cannot be ignored […]

Ramesh Chander Kaushal Vs Mrs. Veena Kaushal

Article 15 (1) prohibits gender discrimination and Article 15(3) lifts that rigor and permits the State to positively discriminate in favor of women to make special provisions to ameliorate their social condition and provide political, economic, and social justice. The State in the field of criminal law, service law, etc. has resorted to Article 15 […]

Vishwanath Biradar Vs Deepika

Discretion means when it said that something is to be done within the discretion of the authorities that something is to be done with the discretion of the authorities that something is to be done according to the rules of reason and justice. The power to take accused into the custody rests with investigating officer, […]

Venkatagiri Vs Hindu Religious Endowments Board

A civil revision at the instance of a litigant is maintainable on satisfaction of the following circumstances: –1.a. Impugned order amounts to a case decidedb. Such order must have been passed by any court subordinate to such High Courtc. Such order must not appealable one2. There must be allegation of jurisdictional error, i.e. to say:a. […]

Pepsi Foods Ltd. Vs Special Judicial Magistrate

Hon’ble Supreme Court of India holding The rules of procedure are made to advance the cause of justice and not to defeat it. That the court is empowered to provide justice even when wrong procedures have been referred to. ” Nomenclature under which petition is filed is not quite relevant and that does not debar […]

Alka Khandu Avhad Vs Amar Syamprasad Mishra

On a fair reading of Section 138 of the NI Act, before a person can be prosecuted, the following conditions are required to be satisfied: that the cheque is drawn by a person and on an account maintained by him with a banker; for the payment of any amount of money to another person from […]

Narayan Chetanram Chaudhary vs State Of Maharashtra

“Only such omissions which amount to contradiction in material particulars can be used to discredit the testimony of the witness. The omission in the police statement by itself would not necessarily render the testimony of witness unreliable. When the version given by the witness in the Court is different in material particulars from that disclosed […]

Google Spain SL, Google Inc. Vs Agencia Española de Protección de Datos (AEPD)

European Court of Justice ruled that the European citizens have a right to request that commercial search firms, such as Google, that gather personal information for profit should remove links to private information when asked, provided the information is no longer relevant. The Court did not say newspapers should remove articles. For More Information Contact […]

Star Enterprises Vs City And Industrial Development Cor. of Maharashtra Ltd.

While dealing with tenders, State is entitled to look for the best deal and for that it can refuse to accept even the lowest bid. But while rejecting the lowest offer in the tender it must record reasons for such action and communicate the same to the concerned party. The natural justice speaking for the […]