Articles for Section 18

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index
1 day, 19 hours ago

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Live Law  

Advocate Supreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw 812 Arbitration and Conciliation Act, 1996 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

India Delhi Supreme Court High Court Court Proceedings Bihar Constitution
Deposit In Pursuance Of One Time Settlement Proposal Remains Corporate Debtor's Asset If Settlement Fails: NCLAT
1 week, 2 days ago

Deposit In Pursuance Of One Time Settlement Proposal Remains Corporate Debtor's Asset If Settlement Fails: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Yogesh Khanna and Mr. Ajai Das Mehrotra has held that the amount deposited with the bank by the corporate debtor in pursuance of an One Time Proposal to show bonafides will remain assets of the corporate debtor and can be taken into custody by the RP under section 18 of the code when …

Money Corporate Debtor Bank Nclat Account Irp Asset
Unified Development Control & Promotional Regulations Must Be Read In Consistence With Maharashtra Regional Town Planning Act: High Court
1 week, 6 days ago

Unified Development Control & Promotional Regulations Must Be Read In Consistence With Maharashtra Regional Town Planning Act: High Court

Live Law  

In a case relating to the denial of Occupation Certificate to a developer, the Bombay High Court has observed that the restrictions on land use and development commences when the Draft Regional Plan under the Maharashtra Regional Town Planning Act, 1966 is published. Now, even if one were to regard Regulation 5.1.3 of the UDCPR as stretching such date further …

Development Planning Court Land Date Act Read
Corporate Debtor's Property Cannot Be Recovered By Owner/Lessor During Moratorium Period U/S 14 Of IBC: NCLAT
1 month, 1 week ago

Corporate Debtor's Property Cannot Be Recovered By Owner/Lessor During Moratorium Period U/S 14 Of IBC: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Rakesh Kumar Jain, Mr. Naresh Salecha and Mr. Indevar Pandey affirmed that properties occupied by the corporate debtor cannot be recovered by owner/lessor during the moratorium period under section 14 of the IBC. Following alleged defaults in repayment by the CD, two conveyance deeds dated 27.02.2020 were executed, resulting in the sale of …

Delhi Property Corporate Debtor Tribunal Respondent Nclt Mou
MSME Council Award Can Be Challenged Only U/S 34 Of Arbitration Act, Not Under Articles 226 Or 227: Orissa High Court
1 month, 1 week ago

MSME Council Award Can Be Challenged Only U/S 34 Of Arbitration Act, Not Under Articles 226 Or 227: Orissa High Court

Live Law  

The Odisha High Court bench of Chief Justice Chakradhari Sharan Singh and Justice Murahari Sri Raman has upheld that an arbitral award passed by the Micro and Small Enterprises Facilitation Council could only be challenged in accordance with Section 34 of the Arbitration and Conciliation Act, 1996, as mandated by Section 19 of the MSMED Act. Contentions: Mr. Sudipto Sarkar, …

Arbitration Constitution Court Conciliation Council Act Msme
Allahabad High Court Monthly Digest: June 2024 [Citations 367-415]
5 months, 2 weeks ago

Allahabad High Court Monthly Digest: June 2024 [Citations 367-415]

Live Law  

NOMINAL INDEX M/S Pragyason Constructions Private Limited v. State Of U.P. S.11 Hindu Marriage Act | Parents Of Husband Can Contest Proceedings For Declaring Marriage Void After His Death: Allahabad High Court Case Title: Shatakshi Mishra v. Deepak Mahendra Pandey And 2 Others 2024 LiveLaw 373 Citation: 2024 LiveLaw 373 The Allahabad High Court has held that after the death …

India Justice Uttar Pradesh Compassionate Appointment Title Hindu Marriage Act 2024
Arbitration Cases Half Yearly Digest: January To June 2024
5 months, 2 weeks ago

Arbitration Cases Half Yearly Digest: January To June 2024

Live Law  

Supreme Court High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

India Justice Delhi Supreme Court High Court Arbitration Court
RERA Cases Half Yearly Digest : January -June,2024
5 months, 2 weeks ago

RERA Cases Half Yearly Digest : January -June,2024

Live Law  

Ministry of Housing and Urban Affairs The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate Act The Ministry of Housing and Urban Affairs has released the implementation status report of the Real Estate Act, 2016, commonly known as RERA, in India. Haryana RERA Orders Refund To Homebuyer After Builder's Failure To Hand …

India Karnataka Spa Homebuyers Regulatory Judicial Tribunal
[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court
5 months, 3 weeks ago

[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court

Live Law  

The Allahabad High Court has held that amendments and additional reliefs permissible under Section 12 of the Protection of Women from Domestic Violence Act, 2005, would be maintainable in the form of a fresh application under Section 23 of the Protection of Women from Domestic Violence Act, 2005. Thus, she filed an application under Section 12 read with Section 23 …

High Court Violence Domestic Violence Application Domestic Held Respondent
No Bar On Invoking Arbitration Despite Alternative Remedy Under RERA Act: Gauhati High Court
6 months, 1 week ago

No Bar On Invoking Arbitration Despite Alternative Remedy Under RERA Act: Gauhati High Court

Live Law  

The Gauhati High Court bench of Justice Michael Zothankhuma has held that arbitration can be invoked to settle a real estate dispute, despite the existence of an alternative legal remedy under the Real Estate Act. The High Court held that there was there is no inherent conflict or repugnancy between the RERA Act and the Arbitration Act. Additionally, the Supreme …

Arbitration Dispute Court Bar Alternative Held High
Allahabad High Court Dismisses Writ Petition Against Facilitation Council Award For Lack Of Mandatory Pre-Deposit U/S 19 MSME Act
6 months, 2 weeks ago

Allahabad High Court Dismisses Writ Petition Against Facilitation Council Award For Lack Of Mandatory Pre-Deposit U/S 19 MSME Act

Live Law  

The Allahabad High Court has dismissed a writ petition challenging the award passed by the Zonal Micro and Small Enterprises, Facilitation Council, Meerut Zone, Meerut under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 as the petitioners, Tamil Nadu Generation And Distribution Corporation Limited and others, had refused to make the mandatory pre-deposit under Section 19 …

Writ Petition Arbitration Court Natural Justice Writ Council Held
Mediation Made Simple
6 months, 2 weeks ago

Mediation Made Simple

Live Law  

Mediation stands as a cornerstone of alternative dispute resolution, offering a pathway to resolve conflicts amicably and preserve relationships. What is Mediation Mediation is an Alternate Dispute Resolution process in which a neutral third party, known as a mediator, assists parties in resolving disputes or conflicts amicably. Appointment of mediator: Appointment is done with respect to Section 810 of the …

Dispute Dispute Resolution Mediation Parties Settlement Agreement Rahul
Consumer Cases Monthly Digest: April 2024
7 months, 2 weeks ago

Consumer Cases Monthly Digest: April 2024

Live Law  

National Consumer Disputes Redressal Commission Non-Standard Basis Of Settling Insurance Claims Apply To Both Private And Public Insurance Companies, NCDRC Holds Bajaj Allianz General Insurance Co. District Consumer Disputes Redressal Commission-I, North Delhi North Delhi District Commission Holds Union Bank Of India And PNB Liable For Failure To Provide CCTV Footage To Investigate Failed ATM Transaction District Consumer Disputes Redressal …

India Bengaluru Karnataka Consumer Kerala Spa Uttar Pradesh
Arbitration Weekly Round Up: 22nd April to 28th April 2024
7 months, 2 weeks ago

Arbitration Weekly Round Up: 22nd April to 28th April 2024

Live Law  

Allahabad High Court Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court Case Title: M/S Docket Care Systems vs M/S Hariwill Electronics India Pvt. Delhi High Court Debt Acknowledged In Letters, Delhi High Court Grants Benefit Of Section 18 To Hold Invocation Of Arbitration Within Limitation Case Title: Paisalo Digital Limited v. …

Justice Delhi High Court Arbitration Court Title Delhi High Court
The Complete Supreme Court Annual Digest- 2023 [Part-XII]
7 months, 3 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XII]

Live Law  

Information RTI Act will become 'dead letter': Supreme Court directs States, Union to fill vacancies in Information Commissions. Maneesh Pharmaceuticals Ltd. v. Export Import Bank of India, 2023 LiveLaw 1073 Insolvency and Bankruptcy Code, 2016; Section 7 - Limitation Act, 1963; Section 5 and 18 - Delay of 1392 days - Additional affidavit stating that the delay was only of …

India Karnataka Kerala Delhi Supreme Court High Court High Courts
'Intoxicating Liquor' Doesn't Include 'Denatured Spirit', But Includes 'Extra Neutral Alcohol' : State Of Kerala To Supreme Court
8 months ago

'Intoxicating Liquor' Doesn't Include 'Denatured Spirit', But Includes 'Extra Neutral Alcohol' : State Of Kerala To Supreme Court

Live Law  

The Supreme Court on Thursday concluded its 9-judge Constitution Bench hearing on the issue whether States have the power to regulate 'industrial alcohol' using their powers over 'intoxicating liquor' or whether it is exclusively reserved for the Union. “Denatured spirit is an end product and therefore it can be synonymous to industrial alcohol, it would not come within the purview …

Supreme Court Constitution Court States Spirit Alcohol Union
Notice Of Dispute To MSEF Council Under Section 18 Of MSMED Act Can Be Considered As Notice Of Arbitration Under Section 21 Of The A&C Act: Delhi High Court
8 months, 1 week ago

Notice Of Dispute To MSEF Council Under Section 18 Of MSMED Act Can Be Considered As Notice Of Arbitration Under Section 21 Of The A&C Act: Delhi High Court

Live Law  

The High Court of Delhi has held that a notice given by a party invoking jurisdiction of MSEF Council under Section 18 of the MSMED Act can be considered to be a notice of arbitration required under Section 21 of the A&C Act. The bench of Justice Pratibha M. Singh held that prior to the judgment of the Supreme Court …

Arbitration Court Notice Act Petitioner Section 21 Msef Council
RERA Cases Quarterly Digest 2024
8 months, 1 week ago

RERA Cases Quarterly Digest 2024

Live Law  

Ministry of Housing and Urban Affairs The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate Act The Ministry of Housing and Urban Affairs has released the implementation status report of the Real Estate Act, 2016, commonly known as RERA, in India. Tamil Nadu Real Estate Appellate Tribunal TNREAT Orders Hiranandani Realtors To …

Regulatory Project Tribunal Estate Real Bench Karnataka Rera
Consumer Cases Monthly Round-Up: March 2024
8 months, 2 weeks ago

Consumer Cases Monthly Round-Up: March 2024

Live Law  

Ministry of Housing and Urban Affairs The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate Act The Ministry of Housing and Urban Affairs has released the implementation status report of the Real Estate Act, 2016, commonly known as RERA, in India. District Consumer Disputes Redressal Commission–X, Delhi Persisting Defects in Lancers Cedia …

India Karnataka Consumer Kerala Delhi Samsung Central Bank
Does 'Intoxicating Liquor' Include 'Industrial Alcohol'? Supreme Court 9-Judge Bench Analyses Overlapping Powers Of Union & States [Day 1]
8 months, 2 weeks ago

Does 'Intoxicating Liquor' Include 'Industrial Alcohol'? Supreme Court 9-Judge Bench Analyses Overlapping Powers Of Union & States [Day 1]

Live Law  

The Supreme Court on Tuesday commenced the hearing of the 9-judge Constitution Bench on the issue of overlapping powers between the Centre and the State in production, manufacturing, supply and regulation of 'Industrial Alcohol'. It may be noted that apart from Entry 33 List III, Entry 8 List II also provides regulation powers to the state with regards to 'Intoxicating …

Supreme Court Constitution Court States Alcohol Union Industrial
Arbitration Monthly Round-Up -March 2024
8 months, 3 weeks ago

Arbitration Monthly Round-Up -March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. Without Copy of Challenged Arbitral Award, Impossible To Consider Grounds To Set Aside Award: Delhi High Court Dismisses Section 34 Petition Case Title: Spml Infra Limited vs Ntpc …

India Delhi High Court Arbitration Railways Court International Standards
Bombay High Court: Co-Promoters Are Also Liable To Pay Refund With Interest To Allottees In Case Of Delay Under Section 18 Of The RERA.
9 months, 2 weeks ago

Bombay High Court: Co-Promoters Are Also Liable To Pay Refund With Interest To Allottees In Case Of Delay Under Section 18 Of The RERA.

Live Law  

The Bombay High Court bench, comprising of Justice Sandeep V. Marne, has held that promoters who are part of a real estate project but haven't received any consideration from the allottee will still be classified as “Promoters” under Section 2. The appellant filed an appeal before the Honorable Bombay High Court against the Tribunal's order dated October 18, 2022, contending …

Court Bombay High Court Order Promoters High Respondent No Respondent
Unsuccessful Conciliation Proceedings Can't Be Converted Into Arbitration Without Prior Declaration Of Termination: Telangana High Court
10 months ago

Unsuccessful Conciliation Proceedings Can't Be Converted Into Arbitration Without Prior Declaration Of Termination: Telangana High Court

Live Law  

The Telangana High Court single bench of Justice T. Madhavi Devi held that if the facilitation conciliation proceedings are unsuccessful and terminated without any settlement, the council cannot be automatically converted into arbitral proceedings without a prior declaration of failure and termination of the conciliation process. Highlighting the distinctions, the High Court noted that arbitration proceedings, governed by Sections 18 …

Arbitration Court Conciliation High Respondent Proceedings Act
MSME Facilitation Council Can't Refer Enterprises To Arbitration For Contracts They Signed Before Registration Under MSME Act: Delhi H.C.
10 months, 1 week ago

MSME Facilitation Council Can't Refer Enterprises To Arbitration For Contracts They Signed Before Registration Under MSME Act: Delhi H.C.

Live Law  

The Delhi High Court bench comprising Justice Prateek Jalan held that registration under the MSME Act is a prerequisite for availing its benefits, and such benefits cannot be claimed retrospectively for contracts entered into before registration. The bench held that the Micro and Small Enterprises Facilitation Council doesn't have the power to entertain the dispute under Section 18 of the …

Contract Arbitration Registration Council Held High Act