Search Results for Tag : Existence
Judgments
Plaintiff must establish shape and active functioning of partnership if made orally(13.08.2015)
A right to participate in the profits of the trade does not, by itself, demonstrate the existence of a partnership; the relationship also depends on t.....
Tags : Partnership, existence, intention
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International Cases
Contract be constituted by an offer and acceptance when putative offer reveal an intention to give rise, upon acceptance, to an obligation(11.05.2017)
Robert Ian Edwin Partridge died on 6 October 2008. By his will made on 29 December 1995, he appointed Appellant, Mrs. Lola Levingston, as his executri.....
Tags : Will, Agreement, Existence
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When there is no dispute between the parties relating to the contract containing an arbitration clause, the arbitration clause cannot be invoked(23.08.2017)
The undisputed facts relevant for the determination of the present application is that, the Defendant had awarded the Balance Civil & Structural Works.....
Tags : Dispute, Existence, Reference
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Where there is an existence of dispute prior to issuance of Demand Notice, Adjudicating Authority must reject the application(22.11.2019)
Present appeal is arising out of the impugned order passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench), admitting th.....
Tags : Dispute, Existence, Application, Maintainability
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Function of Court is to determine whether there is a genuine dispute, Courts are not expected to undertake an extended inquiry or to weigh the merits of the dispute(27.02.2020)
The Plaintiffs filed an application pursuant to Section 459G and Section 459H of the Corporations Act, 2001 to set aside a statutory demand served by .....
Tags : Dispute, Existence, Statutory demand, Validity
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Dispute must pre-exist before the receipt of the demand notice for admitting an application under Section 9 of IBC(10.08.2020)
Challenge in present Appeal is to the Order passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi), by which Order, the Adjud.....
Tags : Dispute, Existence, Mandate, Provision
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News
Madras HC: Existence of Predicate Offense Not Condition Precedent for Initiation of Proceedings(17.12.2020)
Madras High Court has held that the existence of a predicate offense for initiation of proceedings under the Prevention of Money Laundering Act, 2002 .....
Tags : Madras High Court, Existence of Predicate Offense
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SC: Existence of Arbitration Clause Does Not Debar Court from Entertaining Writ Petition(14.05.2021)
Supreme Court has observed that the existence of an arbitration clause does not debar the court from entertaining a writ petition in a contractual mat.....
Tags : Supreme Court, Existence of Arbitration Clause
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Chhattisgarh HC: Existence of Serious Dispute Between Husband and Wife Not Prerequisite for Divorce(21.09.2021)
Chhattisgarh High Court has held that the existence of a serious dispute between husband and wife is not a prerequisite for the grant of divorce by mu.....
Tags : Chhattisgarh High Court, Existence of Serious Dispute Between Husband and Wife
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Once there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties to arbitration in terms of the said agreement(09.11.2021)
The present petition under Article 227 of the Constitution of India impugns the judgment passed by the Additional District Judge, whereby the applicat.....
Tags : Existence, Arbitration clause, Jurisdiction
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SC: Existence of Vacancy Will Not Create Right in Favour of Employee for Retrospective Promotion(09.03.2022)
Supreme Court has observed that mere existence of vacancy per se will not create a right in favour of an employee for retrospective promotion. The Cou.....
Tags : Supreme Court, Existence of Vacancy
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A mark can be opposed or cancelled, if it is identical to or similar to a trade mark which is already registered(14.12.2023)
The applicant, a Mexican company which traded in many countries including South Africa, was the proprietor of the impugned mark. It was registered in .....
Tags : Leave to appeal, Special circumstances, Existence
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Benefit under Section 139 of the NI Act cannot be availed if the accused raises a plausible defence, which creates doubts about the existence of a legally enforceable debt(15.01.2024)
The legality, propriety and correctness of the Judgment passed by the learned Metropolitan Magistrate, whereby the Respondent No. 1/accused came to be.....
Tags : Acquittal, Debt, Existence
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