Supreme Court of India Judgements
Sunday, 23 December 2018
Advocates—For holding election of a member of Bar Council of India to be elected by State Bar Council, notice and agenda for the same has to be issued by the Secretary of the State Bar Council
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SARFAESI—Borrower/debtor can approach the Debts Recovery Tribunal under section 17 of the Act at the stage of the possession notice referred to in rule 8(1) and 8(2) of the 2002 Rules—Borrower need not to wait unless he loses actual (physical) possession of the secured assets.
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Revision—Scope of—An erroneous decision on a question of law reached by the subordinate court which has no relation to questions of jurisdiction of that court cannot be corrected by the High Court under Section 115 CPC.
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Arbitration Agreement—Need not to be signed in all circumstances to make it valid
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Cross Objection—First Appellate Court in an appeal by plaintiff cannot reverse the finding on an issue favour of plaintiff in absence of cross objection by defendant on that issue
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Workmen Compensation—Interest on Compensation—Relevant date for determination of the rate of compensation is the date of accident and not the date of adjudication of the claim by the Commissioner
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Accident—Personal Expenses—Even if deceased had low income deduction of one third of income towards his personal expenditure is proper.
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Service Law—Past Service—Seniority—Inter-Company transfer on personal request—The service rendered by him in old company can be and ought to be taken into account for all other purposes, other than for determination of his seniority in the new company
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Panchayat Law—No Confidence Motion—President ofpanchayat well knowingly participated in the meeting and the resolution was passed against her—After losing in the voting process, the challenge cannot be made to the procedure of calling the meeting
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Arbitration—Place of Arbitration—The word 'determination'requires a positive act to be done— The sittings at various places are relatable to venue—It cannot be equated with the seat of arbitration or place of arbitration which has a different connotation.
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