12 August 2024

Search Results for Tag : adjudication

Judgments

When self-contained machinery for settlement of disputes by means of arbitration is prescribed under provisions of Chit Funds Act, then it could not be varied by a private agreement between parties(18.07.2019)

By present petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, the Petitioner has impugned the arbitral awards, thereby al.....

Tags : Dispute, Adjudication, Jurisdiction

Adjudication of show cause notices issued more than a decade ago is illegal(26.11.2020)

Present is a petition under Articles 226 / 227 of the Constitution of India, 1950, the writ petition was filed seeking a direction to the Respondents .....

Tags : SCN, Adjudication, Bar

The party raising the jurisdictional objection under Section 16 of Arbitration Act has to raise it with alacrity(25.03.2021)

The Petitioners filed an application under Section 16 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) and raised an objection that, th.....

Tags : Dispute, Jurisdiction, Adjudication

Civil or Commercial dispute are to be adjudicated and resolved by Arbitral Tribunal unless the jurisdiction of the Arbitral Tribunal is excluded either expressly or by necessary implication(02.08.2021)

By present petition, the Petitioners are seeking issuance of directions to the Respondent No. 1 to proceed with resolution of disputes raised by Petit.....

Tags : Arbitral Tribunal, Adjudication, Powers

Claims raised by an obstructer including questions relating to right, title or interest in the property has to be adjudicated upon by the Executing Court(06.12.2021)

The BDA has preferred the present appeals feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court, by which the High Co.....

Tags : Execution proceedings, obstructer, Adjudication

Without prior adjudication of workmen’s disputed claim, proceedings for computation of difference of wages not maintainable under Section 33(C)(2) of ID Act(04.02.2022)

In present matter, the Respondent No.2 moved an application before the Labour Court under Section 33(C)(2) of the Industrial Disputes Act, 1947 demand.....

Tags : Wages, Adjudication, Jurisdiction

Government can refuse to make a reference only when the claim is found to be wholly frivolous(13.04.2023)

The present petition preferred by the workman under Article 226 of the Constitution of India, 1950 seeks quashing of the order passed by the Responden.....

Tags : Dispute, Adjudication, Reference

Notifications & Circulars

Powers to be exercised by the Principal Chief Commissioner or Chief Commissioner of Customs for the purposes assigning the cases for adjudication of show cause notices issued(05.11.2018)

In exercise of powers conferred by clause (a) of section 152 of the Customs Act, 1962 (52 of 1962), the Central Government hereby directs that the pow.....

Tags : Cases, Adjudication, Powers

Application under Rules 4, 6 or 7 of Insolvency and Bankruptcy (Application to Adjudication Authority) Rules, 2016(15.06.2022)

1. It has been decided that henceforth, the Board will forward the application for initiating insolvency received by it in terms of rule 4, 6 or 7 of .....

Tags : Application, Adjudication Authority, Rules

Adjudicating Authority under IBC is not a 'Court of Law' and it does not decide money claim or 'Suit'(18.11.2019)

The Appellant/'Financial Creditor' had projected the Application under Section 7 of the Insolvency & Bankruptcy Code, 2016 ('I&B' Code,) read with Rul.....

Tags : Dispute, Adjudication, Application, Maintainability

Legal Services Committee cannot set up ‘Temporary Lok Adalats’(17.02.2016)

A Sub Divisional Legal Services Committee cannot form a ‘Temporary Lok Adalat’ under the Legal Services Authorities Act, 1987. The High Court noted th.....

Tags : Legal services committee, lok adalat, adjudication

News

Rajasthan High Court: Accrual Time For Taxing Income to Be Postponed Till Dispute’s Adjudication(01.03.2024)

Rajasthan High Court has held that the time of accrual for taxing income gets postponed till the dispute is adjudicated by the Civil Court.

Tags : Rajasthan High Court, Accrual Time, Adjudication

CBIC Issues Instructions on Issuance of SCNs and Adjudication Process in Pre-GST Regime(22.11.2021)

Central Board of Indirect Taxes and Customs (CBIC) has issued the instructions to adhere to the time limits laid down in the provisions of the Act and.....

Tags : Central Board of Indirect Taxes and Customs, Issuance of SCNs and Adjudication Process in Pre-GST Regime

Constitution of Unlawful Activities (Prevention) Tribunal for the purpose of adjudicating whether or not there is sufficient cause of declaring the Sikhs For Justice as an unlawful association(07.08.2019)

Whereas Sikhs For Justice (SFJ) has been declared as an unlawful association, vide, notification number S.O. 2469 (E) dated 10th July, 2019 published .....

Tags : Constitution, Tribunal, Adjudication

Karnataka HC: SC/ST Commission Not Empowered to Adjudicate Disputes Between Individuals(05.01.2021)

Karnataka High Court has held that the Karnataka State Scheduled Castes and Scheduled Tribes Commission, is not empowered to adjudicate and decide dis.....

Tags : Karnataka High Court, SC/ST Commission, Adjudication of Disputes between Individuals

Imposition of cost by CESTAT on grounds of quality of adjudication order(22.12.2015)

The Ministry of Finance has released an Instruction to Principal Chief Commissioners and Chief Commissioners of the Department to sensitize adjudicati.....

Tags : Excise, adjudication, costs, commissioner

Ker. HC: Family Court Must Fix Time Frame for Disposing Application for Time Bound Adjudication(12.04.2023)

Kerala High Court while observing that Family Courts can’t dispose application for time bound adjudication by stating ‘will be disposed of at the earl.....

Tags : Kerala High Court, Time Bound Adjudication, Time Frame

Clarification on prosecutions filed or internal adjudication proceedings initiated against Independent Directors, non-promoters and non-KMP non-executive directors(02.03.2020)

1. Under several provisions of the Companies Act, 2013 [Act], proceedings are required to be initiated against an officer in default for violations co.....

Tags : Clarification, Internal adjudication, Proceedings

Cal. HC: Jurisdiction Can’t Be Assumed By Consumer Forum When Arbitration Prescribed By Special Law(23.02.2024)

Calcutta High Court has held that Court under Section 11(6) of Arbitration and Conciliation Act is not merely obligated to appoint an arbitrator but c.....

Tags : Calcutta High Court, Jurisdiction, Consumer Forum, Adjudication of Disputes

NCLAT: 'Adjudicating Authority' Is Not A 'Court of Law' And 'CCIRP' Is Not Synonymous To litigation(07.01.2022)

NCLAT, Chennai Bench in the case of Drip Capital Inc. v. Concord Creations (India) Pvt. Ltd. set aside the order passed by the Adjudicating Authority,.....

Tags : NCLAT, Adjudication Authority, Court of Law

When issue of nationality has already been determined under Foreigners (Tribunals) Order, 1964, an appeal would not be maintainable(17.05.2019)

Present order decides perceived conflict between sub-paragraph (2) to paragraph 3 and paragraph 8 of the Schedule to the Citizenship (Registration of .....

Tags : Citizenship, Status, Adjudication

Order issued by the Assistant Labour Commissioner would not act as a bar to approach the Labour Court individually/independently(04.07.2022)

The challenge in present petition is to an order of the Assistant Labour Commissioner (Central) Delhi ('ALC'), in his capacity as Conciliation Officer.....

Tags : Dispute, Adjudication, Authority

NGT not empowered to adjudicate upon vires or validity of any enactment(28.09.2016)

By instant writ petition, Petitioners sought a declaration that Rule 17 of Biological Diversity Rules, 2004 does not apply to Indian entities or body .....

Tags : National Green Tribunal , Adjudication, Enactment, Validity

Jharkhand HC: Adjudication Proceedings Initiated Without SCN is Void Ab-Initio(29.04.2022)

Jharkhand High Court has quashed an adjudication order on the ground that a proper show cause notice was not served by concluding the proceedings.

Tags : Jharkhand High Court, adjudication

Once it was undisputed that, the insurer is having an office at Delhi, the Tribunal ought to have entertained the claim(13.04.2023)

The present petition under Section 173 of the Motor Vehicles Act, 1988 preferred by the wife and the two minor sons of the deceased Sh. Krishna Kumar .....

Tags : Adjudication, Disputes, Jurisdiction

SC: Court Must Consider Cross-Objections in Full Before Adjudicating on the Same(05.07.2023)

Supreme Court has observed that while cross objections are filed within an already existing appeal, however, as per Order 41 Rule 22 of CPC, cross obj.....

Tags : Supreme Court, Cross-Objections, Appeal, Adjudication

Delhi HC: Procedure for Adjudication of Complaint Provided in Act to be Adhered to(17.09.2021)

Delhi High Court has observed that the procedure for adjudication of a complaint as mentioned under the provisions of the Consumer Protection Act, 198.....

Tags : Delhi High Court, Adjudication of Complaint

Writ petition should normally not be entertained against mere issuance of show cause notice(14.11.2019)

Present Appeal under Section 35L of the Central Excise Act, 1944 arises out of Order passed by the Customs, Excise and Service Tax Appellate Tribunal,.....

Tags : Show Cause Notice, Adjudication, Maintainability

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