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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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Supreme Court Dismisses Special Leave Petition Against Delhi High Court’s Unconditional Stay of Money Decree Under Order XLI Rule 5 CPC. Execution of Trademark Infringement Money Decree Stayed Without Deposit Pending Appeal, Upheld by Apex Court Citing Sufficient Cause.

The dispute arose from a civil suit instituted by Lifestyle Equities C.V. and anor, claiming to be the proprietor of the Beverly Hills Polo Club trade...

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High Court of Judicature at Madras Considers Writ Petition Against Order of Industrial Tribunal Rejecting Plea for Award on Majority Settlement. Industrial Tribunal Found Majority Settlement Voluntary but Held It Not Binding on Non-Signatory Union Members Under Industrial Disputes Act, 1947.

The management of Caterpillar India Private Limited, a multinational manufacturing off-road vehicles, and its recognized union, Caterpillar India Priv...

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High Court of Karnataka Hears State Appeal Against Acquittal in Kidnapping and Rape of Minor Under POCSO Act. Appeal Filed Under Section 378 Cr.P.C. Alleges Erroneous Acquittal for Offences Under Sections 366, 376 IPC and Sections 4, 6 POCSO Act.

The State filed an appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973, before the High Court of Karnataka challenging the acq...

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Supreme Court Dismisses Appeal of Railway Platform Inspector Convicted for Bribery Under Prevention of Corruption Act. Conviction Upheld Despite Defective Sanction from Incompetent Authority, Quashing of First Proceedings No Bar to Retrial, Irregularity in Recording Evidence Cured Under S. 537 CrPC.

The case concerned a platform inspector employed by the North Eastern Railway who was prosecuted for accepting a bribe of Rs. 15 and a bottle of liquo...

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High Court of Karnataka Hears Writ Petition Challenging Stamp Duty Revision Order Alleging Excess of Jurisdiction and Violation of Natural Justice. Court Examines Whether Stamp Duty Under Karnataka Stamp Act, 1957 is Payable on Built-Up Area When Sale Deed Conveys Only Undivided Land Share.

The litigation arose out of a Joint Development Agreement (JDA) between Prestige Estates Projects Limited (developer) and United Breweries (Holdings) ...

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Supreme Court Upholds High Court Stay on Money Decree in Trademark Infringement Suit Without Deposit; Dismisses SLP. The Court Found No Reason to Interfere with Unconditional Stay Granted Under Order XLI Rule 5 CPC Pending Appeal.

The dispute arose from a civil suit filed by Lifestyle Equities C.V., an Amsterdam-based company and proprietor of the Beverly Hills Polo Club (BHPC) ...

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Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

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Supreme Court Allows Appeal, Upholds Arbitral Award Holding Husband Jointly and Severally Liable for Wife's Debit Balance in Stock Trading Account — Oral Contract for Joint Liability Falls Within Scope of BSE Bye-law 248(a) Arbitration Clause.

The Supreme Court allowed the appeal filed by AC Chokshi Share Broker Private Limited against the order of the Bombay High Court's division bench, whi...

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Supreme Court Dismisses Appeal Against Rejection of Discharge in PMLA Case — Money Laundering Held to be Continuing Offence. Retrospective Application of PMLA Upheld Where Proceeds of Crime Remain in Circulation, Irrespective of When Scheduled Offence Was Committed.

The appellant, Pradeep Nirankarnath Sharma, was implicated in a money laundering case under the Prevention of Money Laundering Act, 2002 (PMLA) based ...