Search Results for "Legislative Intent"

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Supreme Court Allows Claimant in Motor Vehicle Accident Case on Territorial Jurisdiction Grounds. Territorial Jurisdiction Objection Overruled as Procedural Under Section 166 of Motor Vehicles Act, 1988, Following Precedent in Malati Sardar v. National Insurance Company Ltd.

The appeal arose from a motor vehicle accident where the appellant's son died after being hit by a tractor driven recklessly by the first respondent. ...

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High Court of Karnataka Allows Appeal in Succession Act Case — Order Granting Succession Certificate Set Aside for Lack of Notice to All Heirs. Failure to Issue Notice to Appellant Under Section 384 of Indian Succession Act, 1925 Violates Principles of Natural Justice.

The appellant, T. Nagendra Setty, filed an appeal under Section 384 of the Indian Succession Act, 1925, challenging the order dated 30.08.2023 passed ...

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Supreme Court Allows Civil Appeal in Arbitration Dispute, Restoring Arbitral Award Modified by Lower Courts. Judicial Interference Under Section 34 of Arbitration and Conciliation Act, 1996 is Limited, and Courts Cannot Re-appreciate Evidence or Modify Awards on Merits.

The dispute arose from a construction contract between a civil engineering contractor and the Karnataka State Public Works Department for building off...

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Supreme Court Allows Appeal of Dissenting Financial Creditor in Insolvency Case on Interpretation of Amended Section 30(2)(b)(ii) - Court Holds Amendments Apply to Pending Proceedings and Entitle Creditor to Liquidation Value of Security Interest Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from appeals concerning the interpretation of amended Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016. The appellan...

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Supreme Court Allows Appointment of Arbitrator in Defence Contract Dispute Over Encashment of Warranty Bond. The court held that the claims were not barred by limitation as bilateral discussions continued until 2019, and the arbitration clause covered the dispute.

The petitioner, a Swiss company engaged in arms manufacturing, entered into a contract with the Ministry of Defence, Government of India, for supply o...

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Supreme Court Upholds Cancellation of Caste Certificate and Dismissal of Employee in Service Law Case — Caste by Birth Principle Reaffirmed. Marriage Does Not Confer Scheduled Caste Status Under Constitution and Orissa Caste Certificate Rules, 1980.

The case involves an appeal by the Bhubaneswar Development Authority against a High Court order that had upheld the cancellation of a caste certificat...