Supreme Court of India Judgements

Tuesday, 25 December 2018

Fraudulent decree--A fraud puts an end to everything--Settled position that such decree is nothing, but a nullity.

at December 25, 2018

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Arbitration and Conciliation Act, 1996 - Section 36(3) - for grant of stay in the case of an arbitral award for payment of money, due regard has to be given to the provisions for grant of stay of a money decree under the provisions of the CPC.

A. Arbitration and Conciliation Act, 1996 - Sections 9 and 36 - Section 9 of the Arbitration Act confers wide power on the Court to pass or...

(IPC) – S 302/34 - Murder - Common intention- HELD the evidence available on record was not looked into as the witnesses had already been exposed to the accused in the police station - After all, the test identification parade is only a part of an investigation, and therefore, nothing more can be attached to it - Acquittal
Narcotic Drugs and Psychotropic Substances Act, 1985, S.42--Secret Infor mation-Law summed up-An empowered officer under Section 42(1) is obli gated to reduce to writing the information received by him, only when an of fence punishable under the Act has been committed in any building, convey ance or an enclosed place, or when a document or an article is concealed in a building, conveyance or an enclosed place. Compliance with Section 42, in cluding recording of information received by the empowered officer, is not mandatory

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IBC – when admission is opposed on the ground of existence of an award or a decree in favour of the Corporate Debtor, and the Awarded/decretal amount exceeds the amount of the debt, the Adjudicating Authority would have to exercise its discretion under Section 7(5)(a) of the IBC to keep the admission of the application of the Financial Creditor in abeyance

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