P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court  ||  Delhi HC: Conditions u/s 45 PMLA Have to Give Way to Article 21 When Accused Incarcerated for Long  ||  Delhi High Court: Delhi Police to Add Grounds of Arrest in Arrest Memo  ||  Kerala High Court: Giving Seniority on the Basis of Rules is a Policy Decision  ||  Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act  ||  Ker. HC: No Question of Estoppel Against Party Where Error is Committed by Court Itself  ||  Supreme Court: Revenue Entries are Admissible as Evidence of Possession  ||  SC: Mere Breakup of Relationship Between Consenting Couple Can’t Result in Criminal Proceedings  ||  SC: Bar u/s 195 CrPC Not Attracted Where Proceedings Initiated Pursuant to Judicial Order  ||  NTF Gives Comprehensive Suggestions on Enhancing Better Working Conditions of Medical Professions    

Search Results for Tag : Existence

International Cases

Function of Court is to determine whether there is a genuine dispute, Courts are not expected to undertake an extended inquiry or to weigh the merits of the dispute(27.02.2020)

The Plaintiffs filed an application pursuant to Section 459G and Section 459H of the Corporations Act, 2001 to set aside a statutory demand served by .....

Tags : Dispute, Existence, Statutory demand, Validity



A mark can be opposed or cancelled, if it is identical to or similar to a trade mark which is already registered(14.12.2023)

The applicant, a Mexican company which traded in many countries including South Africa, was the proprietor of the impugned mark. It was registered in .....

Tags : Leave to appeal, Special circumstances, Existence



News

Chhattisgarh HC: Existence of Serious Dispute Between Husband and Wife Not Prerequisite for Divorce(21.09.2021)

Chhattisgarh High Court has held that the existence of a serious dispute between husband and wife is not a prerequisite for the grant of divorce by mu.....

Tags : Chhattisgarh High Court, Existence of Serious Dispute Between Husband and Wife



Madras HC: Existence of Predicate Offense Not Condition Precedent for Initiation of Proceedings(17.12.2020)

Madras High Court has held that the existence of a predicate offense for initiation of proceedings under the Prevention of Money Laundering Act, 2002 .....

Tags : Madras High Court, Existence of Predicate Offense



SC: Existence of Arbitration Clause Does Not Debar Court from Entertaining Writ Petition(14.05.2021)

Supreme Court has observed that the existence of an arbitration clause does not debar the court from entertaining a writ petition in a contractual mat.....

Tags : Supreme Court, Existence of Arbitration Clause



SC: Existence of Vacancy Will Not Create Right in Favour of Employee for Retrospective Promotion(09.03.2022)

Supreme Court has observed that mere existence of vacancy per se will not create a right in favour of an employee for retrospective promotion. The Cou.....

Tags : Supreme Court, Existence of Vacancy



Allahabad High Court Rescues Elderly Couple Having Limited Access to Sanitation and Food(04.07.2024)

All. HC has come to the rescue of an elderly couple locked up by their son and daughter-in-law with limited access to sanitation & food and constitute.....

Tags : Allahabad High Court, Elderly Couple, Peaceful Existence



Judgments

Where there is an existence of dispute prior to issuance of Demand Notice, Adjudicating Authority must reject the application(22.11.2019)

Present appeal is arising out of the impugned order passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench), admitting th.....

Tags : Dispute, Existence, Application, Maintainability



Once there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties to arbitration in terms of the said agreement(09.11.2021)

The present petition under Article 227 of the Constitution of India impugns the judgment passed by the Additional District Judge, whereby the applicat.....

Tags : Existence, Arbitration clause, Jurisdiction



Contract be constituted by an offer and acceptance when putative offer reveal an intention to give rise, upon acceptance, to an obligation(11.05.2017)

Robert Ian Edwin Partridge died on 6 October 2008. By his will made on 29 December 1995, he appointed Appellant, Mrs. Lola Levingston, as his executri.....

Tags : Will, Agreement, Existence



Benefit under Section 139 of the NI Act cannot be availed if the accused raises a plausible defence, which creates doubts about the existence of a legally enforceable debt(15.01.2024)

The legality, propriety and correctness of the Judgment passed by the learned Metropolitan Magistrate, whereby the Respondent No. 1/accused came to be.....

Tags : Acquittal, Debt, Existence



When there is no dispute between the parties relating to the contract containing an arbitration clause, the arbitration clause cannot be invoked(23.08.2017)

The undisputed facts relevant for the determination of the present application is that, the Defendant had awarded the Balance Civil & Structural Works.....

Tags : Dispute, Existence, Reference



Plaintiff must establish shape and active functioning of partnership if made orally(13.08.2015)

A right to participate in the profits of the trade does not, by itself, demonstrate the existence of a partnership; the relationship also depends on t.....

Tags : Partnership, existence, intention



Dispute must pre-exist before the receipt of the demand notice for admitting an application under Section 9 of IBC(10.08.2020)

Challenge in present Appeal is to the Order passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi), by which Order, the Adjud.....

Tags : Dispute, Existence, Mandate, Provision



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