Search Results Page

Search Results

1 - 4 of 4 (0.40 seconds)
Documents citing Dilli Babu vs The State Of Karnataka on 28 May, 2009

J. Chengama Naidu vs The District Registrar And on 21 January, 2025

5. This Court noticed various judgments of this Court, including Sri Dilli Babu Vs. The State of Karnataka, reported in ILR 2015 KAR. 4336, and Mr.Shakeel Pasha and Others Vs. M/s. City Max Hotels (India) Pvt. Ltd. in W.P.No.8352/2022, clubbed with W.P.12935/2022 dated 28.07.2023 and the decision of the Hon'ble Apex Court in a SLP considering the case in Mr.Shakeel Pasha and Others in Civil Appeal Nos.2139-2140/2024, wherein it was held that there is no power conferred on the courts to direct payment of penalty, having regard to Section 33 of the Act and such powers were conferred only on the appropriate authorities under the Karnataka Stamp Act to impose penalty. However, this Court having noticed the recommendation of the Law Commission that this problem has arisen in the 1996 Act, in view of the fact that Section 31(5) requires the Arbitrators to send only -6- NC: 2025:KHC:2358 WP No. 243 of 2025 signed copies of the award to the parties. These problems did not arise under the 1940 Act, because Section 14(2) of that Act required the filing of the original award in the Court and the parties could also apply to the Court to direct the Arbitrators to file the original award into Court. The Law Commission therefore opined that the Madras High Court felt that this is a matter for legislative amendment and referred the matter to the Law Commission.
Karnataka High Court Cites 15 - Cited by 0 - R Devdas - Full Document

State Of Karnataka vs M/S Siddharth Infotech Pvt Ltd on 19 September, 2025

3. Learned Counsel for the petitioner brings to the notice of this Court a decision of a co-ordinate Bench in the case of Mr.Shakeel Pasha and Others Vs. M/s. City Max Hotels (India) Pvt. Ltd. in W.P.No.8352/2022, clubbed with W.P.12935/2022 dated 28.07.2023. It is submitted that having considered a judgment of the Hon'ble Supreme Court in the case of M.Anasuya Devi & Ors. Vs. M Manik Reddy & Ors. (2003) 8 SCC 565 and several other judgment of this Court including Sri Dilli Babu Vs. The State of Karnataka, reported in ILR 2015 KAR. 4336, the co-ordinate bench held that after 4 WP 45699 of 2019, Decided on 23-11-2024 25 completion of the arbitration process the merits are given finality by issuing an arbitral award. By way of a legal fiction, the award is to be treated as decree. Such legal fiction is created for the limited purpose of enforcement of an award as a decree. Arbitral award is tendered in execution proceedings for enforcement of an award.
Karnataka High Court Cites 37 - Cited by 0 - M Nagaprasanna - Full Document
1