The presence of an arbitration clause does oust the jurisdiction under Article 226 in all cases though, it still needs to be decided from case to case as to whether recourse to a public law remedy can justifiably be invoked.
The presence of an arbitration clause does oust the jurisdiction under Article 226 in all cases though, it still needs to be decided from case to case as to whether recourse to a public law remedy can justifiably be invoked.
It is established that the authority granted by Section 438 of the CrPC is not to be used frequently. The authority must be used if it appears that an accusation was made with the intent to harm or humiliate the applicant by having him arrested. Consequently, bail cannot be ordered in advance of an arrest... Read more » Read more »
The Entire Waiver of Pre-deposit impermissible to file appeal before DRAT. Discretion of DRAT to reduce pre-deposit amount from 50% of debt due, held, is limited to reducing the pre-deposit to 25% thereof. The pre-deposit cannot under any circumstances be reduced below 25% of the debt due. Read more »
Noting persistent delays in execution proceedings, the Hon’ble Supreme Court in Periyammal (Dead) Though LRs & Ors. v. V. Rajamani & Anr. Etc. reaffirmed mandatory guidelines established in Rahul S. Shah v. Jinendra Kumar Gandhi for conducting executing proceedings. Citing Bhoj Raj Garg v. Goyal Education and Welfare Society & Ors... Read more »
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