Code Of Civil Procedure,1908; Order XII Rule 6 –Order XII Rule 6 is an enabling provision conferring wide discretionary powers on the courts which cannot be claimed by any party as a matter of right- unless there is a clear, unambiguous, unequivocal and unconditional admission, courts should not exercise their discretion under the Rule because …
Arbitration and Conciliation Act,1996; Section 29A – An application for extension of the time period for passing an arbitral award under Section 29A(4) read with Section 29A(5) is maintainable even after the expiry of the twelve-month or the extended six-month period, as the case may be.- The court while adjudicating such extension applications will be …
Interpretation of Statutes – When the law prescribes that a certain act has to be done in a particular manner for a party to acquire a right, then it ought to be treated as mandatory in character more so, when the Statute prescribes a consequence for failure to comply with the requirements laid down. (Para …
VS Palanivel vs P Sriram 2024 INSC 659 – IBBI Regulations Read More »
Gujarat Value Added Tax Act, 2003; Section 11(3) – The purchase price would not include purchases on which no value added tax was claimed nor granted and the component of value added tax stood already paid on purchases. Accordingly, the taxable turnover of purchases would have to be calculated after deducting both the components as …
State Of Gujarat vs Ambuja Cement Ltd. 2024 INSC 571 & 572 – GVAT Act Read More »
Sick Industrial Companies (Special Provisions) Act, 1985; Section 22(1) -For the applicability of Section 22(1) of the 1985 Act, three aspects need to be considered – I. First, an inquiry under Section 16 of the 1985 Act must be pending; or any scheme referred to in Section 17 of the 1985 Act must be under …
Railways Act, 1989; Section 106(3) – There exists a very fine & clear distinction between an overcharge and an illegal charge, and that Section 106 sub-section (3) of the Act, 1989 only applies when the claim is for a refund of an overcharge, for all other charges, be it illegal or not, the said provision …
Negotiable Instruments Act, 1881; Section 143A – Grant of interim compensation – Considering the drastic consequences of exercising the power under Section 143A and that also before the finding of the guilt is recorded in the trial, the word “may” used in the provision cannot be construed as “shall”. The provision will have to be …
Food Safety and Standards Act, 2006; Section 89,59 – Indian Penal Code, 1860; Section 272,273 – Section 89 of the FSSA, Section 59 will override the provisions of Sections 272 and 273 of the IPC. (Para 21) Interpretation Of Statutes- If the main Section is unambiguous, the aid of the title of the Section or …
Constitution of India, 1950; Article 226 – When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution of India – Availability of an alternate …
Case details: Vivek Narayan Sharma vs Union of India | WP(C) 906 OF 2016 | 2 January 2023 | Coram: Justices S. Abdul Nazeer, B R Gavai, A S Bopanna, V Ramasubramanian and Justice B V Nagarathna Citation : 2023 LiveLaw (SC) 1 Read Judgment here: SCI , IndianKanoon