Search Results for "void ab initio"

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Supreme Court

Supreme Court Quashes Indefinite Blacklisting Order for Misbranded Veterinary Medicine — Show Cause Notice Lacked Specific Warning of Blacklisting and Appellant Was Not the Direct Supplier. The Court held that an indefinite blacklisting order without proper notice and without the appellant being a direct supplier is void ab initio and cannot be sustained.

11 Dec 2020

The appellant, Vetindia Pharmaceuticals Limited, a licensed drug manufacturer, was blacklisted indefinitely by the State of Uttar Pradesh on 08.09.200...

Supreme Court

Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

20 Nov 2020

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...

Supreme Court

Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

19 Aug 2020

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

Supreme Court

Supreme Court Upholds Arbitral Award in Contract Dispute Over 'Change in Law' Clause — High Court Exceeded Jurisdiction Under Section 37 of Arbitration Act. Interpretation of contractual clause by Arbitral Tribunal was plausible and not perverse, hence not liable to be set aside under Section 34.

11 May 2020

The Supreme Court allowed the appeal filed by South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) against the judgment of the Gauh...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

Supreme Court

Supreme Court Dismisses Appeal Against CBI Investigation in Land Acquisition Fraud Case — Consent of State Government Not Required as Offences Relate to Central Government Company Affairs. The Court held that the general consent notification of 1996 did not require prior state consent for investigating an IAS officer where the offences were committed in connection with the affairs of a Central Government company and the conspiracy was hatched in Delhi.

4 Mar 2020

The Supreme Court dismissed an appeal by Kanwal Tanuj, an IAS officer of the Bihar cadre, against the Patna High Court's order rejecting his petition ...

Supreme Court

Supreme Court Allows Appeal in Civil Procedure Case — Suit Must Proceed De Novo After Plaint Returned for Lack of Jurisdiction. Exclusive Jurisdiction Clause in Agreement Ousts Jurisdiction of Gurgaon Court, Rendering Proceedings Void Ab Initio Under Order VII Rule 10 CPC.

1 Jan 2020

The Supreme Court considered a reference arising from a suit for recovery filed by the respondent against the appellant based on a franchise agreement...

Supreme Court

Supreme Court Allows Appeals Against High Court Order Appointing Administrator for Archery Association of India — Directions Issued for Elections Under Amended Constitution. The Court held that the Administrator exceeded his authority by amending the constitution beyond the approved amendments and directed elections to be held under the Court-approved constitution.

1 May 2019

The Supreme Court of India heard appeals against a High Court order appointing an Administrator for the Archery Association of India (AAI). The High C...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Dispute — CMD's Ineligibility to Act as Arbitrator Renders Appointment Void Ab Initio. Express Agreement in Writing Under Section 12(5) Proviso Must Be Post-Dispute and Cannot Be Inferred from Pre-Dispute Conduct.

10 Apr 2019

The Supreme Court allowed the appeals filed by Bharat Broadband Network Limited (BBNL) against the judgment of the Delhi High Court, which had rejecte...

Supreme Court

Supreme Court Allows Appeal of Punjab Urban Planning and Development Authority, Sets Aside Regularization of Daily Wager Obtained by Fraud. Fraudulent Entry into Service Vitiates the Entire Regularization Process, and Such an Employee Is Not Entitled to Protection Under Industrial Disputes Act, 1947.

15 Mar 2019

The Supreme Court allowed the appeal filed by the Punjab Urban Planning and Development Authority (PUDA) against the judgment of the Punjab & Haryana ...

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