Articles for Section 89

State Election Commission Cannot Cancel Pending Election, Any Irregularity Can Be Decided Only By Tribunal: Punjab & Haryana High Court
1 month, 1 week ago

State Election Commission Cannot Cancel Pending Election, Any Irregularity Can Be Decided Only By Tribunal: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said the State Election Commission cannot cancel pending elections and any irregularities alleged during the progress of the election process can be adjudicated only by the Tribunal.The observation was made while quashing the order passed by Punjab Election Commission to cancel Panchayat Election for village Chak Haraj of Punjab's Ferozepur. The Punjab & …

Court Election Commission Tribunal State Kaur Punjab Sec
Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]
5 months, 3 weeks ago

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]

Live Law  

The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Section 96, 105 and Order IX Rule 13 - The appellant, while challenging ex parte decree by filing an appeal, can always point …

India Delhi Supreme Court High Court Judgment Procedure Court
The Complete Supreme Court Annual Digest- 2023 [Part-III]
8 months, 2 weeks ago

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

Live Law  

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Pramod Sinha v. Suresh Singh Chauhan, 2023 LiveLaw 596 Section 33 - Judgment and decree Code of Civil Procedure, 1908; Section 33, Order XX Rule 4, 5; Order XLI Rule 23, 23A, 24 and 25 - Remand - High Court passed order …

India Odisha Delhi Supreme Court High Court Bihar Constitution
Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]
9 months, 2 weeks ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]

Live Law  

Abuse of Process of Law Special Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. High Court Bar Association Allahabad v. State of Uttar Pradesh, 2024 LiveLaw 177 Contract Act, 1872 Contract Act, 1872; Section 182 - Distributor, not agent: independent …

Food India Tamil Nadu Supreme Court High Court Constitution Court
Denial Of Pension By Retrospectively Applying Amended Rule Violates Constitutional Rights Under Articles 14, 16: Allahabad High Court
10 months, 4 weeks ago

Denial Of Pension By Retrospectively Applying Amended Rule Violates Constitutional Rights Under Articles 14, 16: Allahabad High Court

Live Law  

The Allahabad High Court has held that denial of pension by retrospectively applying amended rule is a violation of Articles 14 and 16 of the Constitution of India. While restoring pension of retired members State Electricity Regulatory Commission as prescribed under the unamended Uttar Pradesh Electricity Regulatory Commission Rules, 2008, the bench comprising of Justice Attau Rahman Masoodi and Justice …

India Supreme Court Court Pension Service Rules State
Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)
11 months, 3 weeks ago

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing …

India Supreme Court High Court Procedure Court Civil States
Take A Decision On Granting Sanction To Attach DMRC's Assets For Payment Of Unpaid Dues To Reliance Infra: Delhi High Court Directs Centre
1 year, 9 months ago

Take A Decision On Granting Sanction To Attach DMRC's Assets For Payment Of Unpaid Dues To Reliance Infra: Delhi High Court Directs Centre

Live Law  

Delhi High Court on Monday directed the union government to take a decision whether it proposes to accord sanction under Section 89 of Delhi Metro Railway Act, 2002, for attachment of the movable and immovable assets of DMRC for satisfaction of the amounts payable under a 2017 arbitral award to Reliance Infrastructure-promoted Delhi Airport Metro Express Private. Delhi High Court …

Delhi Court Delhi High Court Union Metro Sharma Centre
Registering Authority Cannot Demand Stamp Duty To Keep Copy Of Sale Certificate On The File Of 'Book No.1' : SC Upholds Madras HC Judgment
2 years, 1 month ago

Registering Authority Cannot Demand Stamp Duty To Keep Copy Of Sale Certificate On The File Of 'Book No.1' : SC Upholds Madras HC Judgment

Live Law  

The Supreme Court upheld the Madras High Court judgment holding that a registering authority cannot demand stamp duty to keep a copy of a sale certificate on the file of Book No.1 under Section 89 of the Registration Act, 1908.In this case, the husband of the writ petitioner before the High Court had got a sale certificate was issued in …

Supreme Court Court Sale Man High Book Certificate
Civil Courts Obliged To Await Mediation Report Before Passing Further Orders When Parties Referred For Mediation: Kerala High Court
2 years, 4 months ago

Civil Courts Obliged To Await Mediation Report Before Passing Further Orders When Parties Referred For Mediation: Kerala High Court

Live Law  

The Kerala High Court recently held that when a civil court has referred parties to a civil suit to mediation under Section 89 of the Civil Procedure Code, there is an obligation to await the mediation report before passing further orders in the suit. Dias, while adjudicating the matter, and deciding as to whether the court below had erred in …

Kerala Civil Mediation Kerala High Court Suit Further Orders Section 69
A Party Can Withdraw Its Consent For Reference To Arbitration Under Section 89 Of The CPC Anytime Before The Court Acts Upon Such Consent: Gujarat High Court
2 years, 5 months ago

A Party Can Withdraw Its Consent For Reference To Arbitration Under Section 89 Of The CPC Anytime Before The Court Acts Upon Such Consent: Gujarat High Court

Live Law  

The Gujarat High Court has held that a party can withdraw its consent for reference to arbitration under Section 89 of CPC anytime before the court has acted upon such a reference. The Bench of Justice Umesh A. Trivedi was dealing with a Special Civil Application under Article 227 against an order of the Civil Judge whereby the application jointly …

Consent Court Cpc Arbitrator Section 4 Section 89 Its Consent
Corporal Punishment And Child Rights In India
2 years, 5 months ago

Corporal Punishment And Child Rights In India

Live Law  

It is not an exaggeration to state that any form of Corporal punishment is evil, degrading, unjustifiable and a gross violation of the rights of children. It also includes within the ambit of Corporal punishment, "other non-physical forms of punishment that includes, punishment which belittles, humiliates, denigrates, scapegoats, threatens, scares or ridicules the child." It also interferes with a child's …

India Kerala Violence School Rights Teachers Punishment
Party Can't Claim Refund Of Court Fee If Dispute Not Settled After Being Referred To Arbitration: Kerala High Court
2 years, 6 months ago

Party Can't Claim Refund Of Court Fee If Dispute Not Settled After Being Referred To Arbitration: Kerala High Court

Live Law  

The Kerala High Court has recently held that mere reference of a party for settlement under Section 89 of the Code of Civil Procedure would not entitle refund of court fee as provided under Section 69A of the Kerala Court Fees and Suits Valuation Act, unless it has been settled between the parties. Thus it is clear that mere reference …

Kerala Court Parties Settlement Kerala High Court Reference Fee
35 Notable Judgments Delivered By Justice Vineet Saran
2 years, 6 months ago

35 Notable Judgments Delivered By Justice Vineet Saran

Live Law  

Justice Vineet Saran, who retired as a Judge of the Supreme Court on 10th May 2022, had been instrumental in developing jurisprudence of various aspects of law. Case Title: Ravinder Singh @ Kaku v. State of Punjab Judgment Dated: 04 May 2022 Coram: Uday Umesh Lalit & Vineet Saran, JJ. Case Title: Dheeraj Mor v. Hon'ble High Court of Delhi …

High Court Constitution Court Uttar Pradesh Evidence Act Criminal Procedure Title
"Section 89 CPC Extends To Compromises Entered Outside Court Also": Punjab & Haryana High Court Allows Refund Of Court Fees
2 years, 8 months ago

"Section 89 CPC Extends To Compromises Entered Outside Court Also": Punjab & Haryana High Court Allows Refund Of Court Fees

Live Law  

Punjab and Haryana High Court has reiterated that parties are entitled to refund of court fees even in case of compromise entered into outside the Court. The bench comprising Justice Alka Sarin while setting aside the order passed by the Trial Court allowed the petition and held the petitioner entitled to get the refund of court fees. The application for …

Trial Court Fees Case Suit Refund Terms
Madras HC Holds Execution Petition Over Beneficial Ownership Of Award Debtor In Shares Held Ostensibly By Third Parties Maintainable
2 years, 9 months ago

Madras HC Holds Execution Petition Over Beneficial Ownership Of Award Debtor In Shares Held Ostensibly By Third Parties Maintainable

Live Law  

Madras High Court has recently held that the execution petition filed by a company incorporated in the Republic of Marshall Islands, in pursuance of a foreign arbitral award in its favour, against another company with its registered office in Dubai is maintainable before it.The single-judge bench of Justice Senthilkumar Ramamoorthy has held that the consecutive third execution petition filed. The …

Court Indian Companies Act Interest Company Held Cpc
Supreme Court Asks Centre To Respond If A Law Is Being Made For Mediation
3 years, 9 months ago

Supreme Court Asks Centre To Respond If A Law Is Being Made For Mediation

Live Law  

The Supreme Court on Friday sought Centre's response as to whether it is considering framing of a legislation to govern mediation.A three judge Bench of CJI Bobde, Justices Bopanna and Justice Ramasubramanian was hearing a a plea by Youth Bar Association of India seeking directions or guidelines to provide for mandatory pre-litigation mediation across the country.During the hearing. A three …

Supreme Court Court Mediation Parties Courts Centre Bench
Breaking: Parties Who Privately Agree To Settle Disputes Without Court Intervention U/s 89 CPC Also Entitled To Refund Of Court Fee: Supreme Court
3 years, 10 months ago

Breaking: Parties Who Privately Agree To Settle Disputes Without Court Intervention U/s 89 CPC Also Entitled To Refund Of Court Fee: Supreme Court

Live Law  

The Supreme Court held that the parties who privately agree to settle their dispute outside the modes contemplated under Section 89 of the Code of Civil Procedure are also entitled to refund of Court fees.The participants in private settlements will be entitled to the same benefits as those who have been referred to explore alternate dispute settlement methods under Section …

Supreme Court High Court Parties Settlement High Fee Cpc
The Court Annexed Mediation Mechanism: An Overlooked Avenue For Justice
4 years, 3 months ago

The Court Annexed Mediation Mechanism: An Overlooked Avenue For Justice

Live Law  

Mediation, as a means of resolution of disputes, has been growing significantly over the past few decades. In April 2005, the first court-annexed mediation Centre was set up at Madras High Court in Chennai followed by Samadhan in Delhi High Court, established in 2006. At Delhi High Court Mediation and Conciliation Centre, Samadhan, out of the 28669 cases referred for …

India Justice Delhi Supreme Court High Courts Court Mediation
Conciliation: The Lesser Used ADR
4 years, 3 months ago

Conciliation: The Lesser Used ADR

Live Law  

WHAT IS CONCILIATION Conciliation is one of the Alternative Dispute Redressal procedures/ mechanisms. The Conciliation Settlement Agreement entered into by the parties should satisfy and comply with all of the requirements of Section 73 AC Act. When a matter is settled through conciliation, the settlement agreement is enforceable as if it is a decree of the court having regard to …

India Delhi Court Mediation Civil Procedure Parties Settlement
[COVID-19]Youth Bar Association Moves SC Seeking Formulation Of SOP Mandating Pre-Litigation Mediation Across India [Read Petition]
4 years, 5 months ago

[COVID-19]Youth Bar Association Moves SC Seeking Formulation Of SOP Mandating Pre-Litigation Mediation Across India [Read Petition]

Live Law  

The Youth Bar Association of India has moved a Public Interest Litigation in Supreme Court seeking directions or guidelines to provide for mandatory pre-litigation mediation across the country. With a view to deal with the problem of pendency of cases, the plea seeks formulation of a Standard Operating Procedure which would ensure that parties mandatorily engage in mediation proceedings at …

India Dispute Mediation Cases Parties Disputes Courts