Judicial Review of Arbitration Award:
The main reason because of which the NHAI lost in those proceedings was that two possible interpretations could be given to the clause in question and, therefore, the recourse taken by the Arbitral Tribunal by adopting one particular interpretation was not required to be interfered with. SLP against that was dismissed. In a situation like this, this Court would not have undertaken further exercise in the matter. However, another Arbitral Tribunal in the case of M/s. Ssangyong Engineering and Construction Co. Ltd. has accepted the other view, which goes in favour of the NHAI. It leads to an anomalous situation. The NHAI has entered into multiple contracts with different parties containing the same clauses of price variation. Once we find that Arbitral Tribunals are taking different views, and the view taken in favour of the NHAI is also one of the possible interpretations, the effect thereof would be to uphold both kinds of awards even when they are conflicting in nature in respect of the same contractual provision. It may not be appropriate to countenance such a situation which needs to be remedied. Therefore, under this peculiar situation, we deem it proper to go into the exercise of interpreting the said clause so that there is a uniformity in the approach of the Arbitral Tribunals dealing with this particular dispute and a sense of certainty is attached in the outcomes. Continue reading “Interpretation of Price Adjustment aka Price Escalation/Variation Clause”
Can an accused seek to be released on personal bail bond without an application to be released on bail?
Section 88 in The Code Of Criminal Procedure, 1973 is as under:
88. Power to take bond for appearance. When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court, or any other Court to which the case may be transferred for trial.
‘May’ if mandatory or confers discretion on the court?
Continue reading “Power of Court to release on personal bond.”
Whether the MAFs are operating in India in violation of law in force in a clandestine manner, and no effective steps are being taken to enforce the said law?
If so, what orders are required to be passed to enforce the said law.
Acts constituting violation of law:
i) There is a bar under CA Act to practice as CAs for a company which includes a limited liability common partnership which has company as its partners. Continue reading “Legality of Multi-Nation Accounting Firm”
A persona designata is a person who is pointed out or described as an individual, as opposed to a person ascertained as a member of a class, or as filling a particular character.
Where a legal right is in dispute and the ordinary Courts of the country are seized of such dispute the Courts are governed by the ordinary rules of procedure applicable thereto and an appeal lies if authorised by such rules, notwithstanding that the legal right claimed arises under a special statute which does not, in terms confer a right of appeal.
[Source: Secretary of State for India v. Chelikani Rama Rao (1916) L.R. 43 I.A. 192 : S.C. 18 Bom. L.R. 1007 relied in Adaikappa Chettiar v. R. Chandrasekhara Theva, (1948) 50 BOMLR 18]
Whether the order passed by the City Civil Court in exercise of power under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, as an Appellate Officer, is in the capacity of a Civil Court or persona designata?
Continue reading “Difference between Court and persona designata!”
Fundamental right of citizens to know about financial position of a Candidate.
The petitioner submits that the first step in the collection of data should be to call upon those who seek to get elected to a legislative body to make a declaration of – (i) their assets and those of their ASSOCIATES (which is already a requirement under Section We must make it clear that nothing in law prevents a vigilant citizen from collecting such data for initiating appropriate proceedings in accordance with law. 33 of the RP Act of 1951 etc.); and (ii) the sources of their income.
The information regarding the sources of income of the CANDIDATES and their ASSOCIATES, would in our opinion, certainly help the voter to make an informed choice of the candidate to represent the constituency in the LEGISLATURE. It is, therefore, a part of the fundamental right under Article 19(1)(a).
Continue reading “Declaration of assets by an Election Candidate”
The substantial question of law which was formulated by the High Court pertains to the limitation in filing the suit which reads as under:
“Whether the suit in question was barred by time in as much as prayer sought in the plaint shows that cause of action arose in 1990 though the suit was filed in 2004 and admittedly the period of limitation is only three years.”
Dismissal of suit as time barred:
Continue reading “Dismissal of suit on limitation in second appeal”