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1 - 10 of 12 (0.35 seconds)Section 41 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Union Of India & Anr vs Raghubir Singh (Dead) By Lrs. Etc on 16 May, 1989
11. I am bound by a three bench judgment of the Supreme Court in
H.M.Kamluddin Ansari's case because it is settled law that the decision in
H.M.Kamluddin Ansari's case being of a three Judge bench will prevail over the
decision of two Judge Bench in the case of Transmission Corpn. This is the law
by virtue of Constitution Bench Judgment of the Supreme Court reported as
Union of India Vs. Raghubir Singh 1989 (2) SCC 754.
Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005
In view of the above, the present petition is dismissed with costs of
Rs.50,000/- in terms of para 37 of the judgment of the Supreme Court in the case
of Salem Advocate Bar Association Vs. Union of India (2005)6 SCC 344 and by
which judgment the Supreme Court has said that it is high time that actual
compensatory costs should now be imposed with respect to the legal proceedings.
I may also note that in terms of Section 35 of CPC 1908, costs have to follow the
event. Since petition is being dismissed, costs in favour of the respondent and
OMP 484/2009 Page 9
against the petitioner are awarded. For the satisfaction of the counsel for the
petitioner I note that nothing herein will tantamount to any expression of opinion
on merits or interpretation of any of the Clauses of the Contract, including Clause
70.3, although I have not given interpretation of any Clause of the Contract. The
petition stands disposed of.
Section 35 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Union Of India vs Raman Iron Foundry on 12 March, 1974
29. The Supreme Court specifically overruling the ratio of Raman Iron
Foundary (supra) has held that no injunction can be granted the effect of which
is to direct payment to the petitioner.