Search Results Page
Search Results
1 - 10 of 11 (0.39 seconds)Section 17 in The Arbitration Act, 1940 [Entire Act]
The Arbitration Act, 1940
Section 37 in The Arbitration Act, 1940 [Entire Act]
Section 232 in The Companies Act, 2013 [Entire Act]
Section 5 in The Arbitration Act, 1940 [Entire Act]
Canara Bank And Ors vs Shri Debasis Das And Ors on 12 March, 2003
38. Whenever an order is struck down as invalid being in violation
of the principles of natural justice, there is no final decision of
the case and fresh proceedings are left open. All that is done is
to vacate the order assailed by virtue of its inherent defect.
Such proceedings are not terminated and are usually remitted
back. [See Canara Bank v. Debasis Das, (2003) 4 SCC 557]
However, in this case, much water has flown under the bridge,
25
since the passing of the order by the learned Single Judge,
which has now been rendered redundant, for the following
reasons :
Section 37 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Delhi Chemical And Pharmaceutical ... vs Himgiri Realtors Pvt. Ltd. & Anr on 24 May, 2021
40. Our attention is drawn to the fact that the learned Single
Judge had relied on M/s. Bhandari Engineers & Builders
Pvt. Ltd. v. M/s. Maharia Raj Joint Venture, 2019 SCC
Online Del. 11879, which has been overruled by a Division
Bench order in Delhi Chemical and Pharmaceutical Works
Pvt. Ltd. & Anr. v. Himgiri Realtors Pvt. Ltd. & Anr., EFA
(OS) (Comm.) No. 4 of 2021.
Ram Kishan vs Tarun Bajaj & Ors on 17 January, 2014
41. Viewed differently, contempt of a civil nature can be made out
under Order XXXIX Rule 2A CPC not when there has been
mere “disobedience”, but only when there has been “wilful
disobedience”. The allegation of wilful disobedience being in
the nature of criminal liability, the same has to be proved to
the satisfaction of the court that the disobedience was not
mere “disobedience” but “wilful” and “conscious”. This Court
in the case of Ram Kishan v. Tarun Bajaj, (2014) 16 SCC
204, considering the implication of exercise of contempt
jurisdiction, held that the power must be exercised with
caution rather than on mere probabilities. While delineating
28
the conduct which can be held to be “wilful disobedience”, this
Court held that: