In all these cases at hand the High Court does not appear to have focused on the requirement to have due regard to the qualifications required by the agreement or other considerations necessary to secure the appointment of an independent and impartial arbitrator. It needs to reiteration that appointment of the arbitrator or arbitrators … Read more
The principles laid down in the said decision cannot have any application in the present case although the decision rendered in this case in the decision under the Arbitration and Conciliation Act, 1996. Taking into consideration the arguments of the appellant, it is necessary to mention here that the court does not have any … Read more
A Dispute arose between the parties and matter was referred to arbitration. Due to some reasons, arbitration proceedings were not concluded. Respondent filed application before High Court seeking removal of the arbitrator. High Court directed appellant to appoint a new arbitrator and further directed the arbitrator so appointed to conclude the arbitration proceedings within six … Read more
At the time of death of their mother the children were left in custody of their paternal grandparents with whom their father is staying and the attempt of the respondent no. 1 was to alter that position before the application filed by them is considered by the Family Court. For this purpose, it was … Read more
The girl had expressed a marked reluctance to stay with her father. The High Court was of the opinion that the children had developed long standing affection towards their maternal grandfather, aunt and uncles. It will take a while before they develop the same towards their step father. The sex of the minor girl who … Read more
Unlike natural calamities that are beyond human control, avoidable disasters resulting from human error or negligence prove more tragic and completely imbalance the inter-generational equity and cause retrievable damage to the health and environment for generations to come. Such tragedy may occur from pure negligence, contributory negligence or even failure to take necessary precautions … Read more
Assessee is supplier of electricity at notified tariff rate. The sale price included Advance Against Depreciation (AAD) which is shown by assessee as sales in its profit and loss account. While computing the book profit, assessee deducted the AAD component from total sale price and took only balance sheet amount into the profit and … Read more
This special leave petition has been filed against the judgment and order dated 24th April, 2008 passed in Writ Petition No. 28 of 2006 by the High Court of Andhra Pradesh by which the writ petition against the order of dismissal of the petitioner’s application and successive appeals under the Right to Information Act, … Read more
As it appears, the High Court has taken exception to the fact that the application was moved when the second Judge was allotted the roaster to deal with the application under section 438 Cr.P.C. To appreciate the analysis made by the High Court we have bestowed our anxious consideration and perused the order impugned. … Read more
The present appeal, by Special Leave, is directed against the order dated, 1st October, 2012 passed by the High Court, whereby the learned Single Judge, in exercise of the jurisdiction under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 has set aside the order dated passed by the learned … Read more
