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Canada is one of the most developed countries in the world that welcomes immigrants and talented people. The immigration laws of Canada have undergone various changes over the years, and now the country read more
Keep reading this article till the end as we are going to share with you the five approved by the Canadian immigration law you can immigrate to Canada.
Canada is a land of budding opportunities. However, to ensure the proper completion of developmental projects across the country, there is a constant need for people from around the world who can come to Canada to complete the projects.
Most of the work permits are connected with the approval from Labour Market Impact Assessments. However, work permits are not controlled in this way all the time. Skilled people can make their way to Canada without having to go through a tedious process.
As the name implies, the Express Entry route is the fastest way a person can make their way to Canada. This program evaluates the applicants based on their skills and then allows them to come to Canada almost every two weeks.
It’s the goal of the Canadian government to make immigrants the permanent residents of Canada. This is why it takes less than six months for people who have come to Canada via the Express route. However, it is to be noted that you might have to pay thousands of dollars to apply for permanent nationality.
The best thing about Canada is that not everything is controlled by the central government. Based on the needs of different provinces, the Canadian immigration law allows people to enter Canada via Provincial Nominee Programs.
The individual provinces handle these programs, and the entry requirements are different for each province. However, it is to be noted that PNPs are simpler and provide a faster way to enter Canada. Applicants of PNPs are scanned based on their specific skills. Talented people are more than welcome to Canada through PNPs.
The immigration process becomes easier if you have someone in your family who can sponsor you in Canada. If you have a family member of yours who has Canadian nationality and is over 18 years of age, they can sponsor you for the nationality of Canada.
One thing to note here is that this process can be a bit lengthy. The maximum duration for processing your application can go up to 24 hours based on your relationship with a Canadian resident. Fees differ too, depending on your relationship too.
There’s no doubt about the fact that the educational system in Canada is one of the best educational systems in the world. If you want to pursue higher education and want to learn from the best teachers in the world, then going to Canada can prove to be the best option for you.
Remember that the process for applying as a student in Canada requires you to follow a complete procedure. Things like getting your Letter of Acceptance and so on can take a lot of time, so stay prepared for making changes to your schedule accordingly and complete your application process.
In a recent case of Avneesh Chandan Gadgil and Another vs Oriental Bank of Commerce and Others Civil Appeal No. 6898 of 2021, a two Judge Bench of the #SupremeCourt comprising of J. M.R. Shah and J. Sanjiv read more
In a recent case of Avneesh Chandan Gadgil and Another vs Oriental Bank of Commerce and Others Civil Appeal No. 6898 of 2021, a two Judge Bench of the #SupremeCourt comprising of J. M.R. Shah and J. Sanjiv Khanna passed a #Judgment dated 24-11-2021 on the issue, whether #delay in filing #appeal under the #Recovery of #Debts due to #Banks and #FinancialInstitutions Act, 1993 (1993 Act) before the Debt Recovery Tribunal-I (#DRT) can be condoned.
In this case, an Appeal was initially filed by Oriental Bank of Commerce, the Respondent herein, before the DRT against an Order dated 14-07-2011 passed by a Recovery Officer.
The said Appeal was filed by the Respondent-Bank beyond the period of limitation of 30 days as stipulated in Section 30 of the 1993 Act, with a prayer to condone the delay in filing the Appeal. The DRT condoned such delay by applying Section 5 of the Limitation Act, 1963, (Limitation Act), vide Order dated 05-06-2014. The relevant provisions are reproduced below for easy reference:
Section 30 of the 1993 Act: Appeal against the order of Recovery Officer
(1) Notwithstanding anything contained in section 29, any person aggrieved by an order of the Recovery Officer made under this Act may, within thirty days from the date on which a copy of the order is issued to him, prefer an appeal to the Tribunal.
(2) On receipt of an appeal under sub-section (1), the Tribunal may, after giving an opportunity to the appellant to be heard, and after making such inquiry as it deems fit, confirm, modify or set aside the order made by the Recovery Officer in exercise of his powers under sections 25 to 28 (both inclusive).
Section 5 of the Limitation Act: Extension of prescribed period in certain cases
Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
Explanation.—The fact that the appellant or the applicant was missed by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
Aggrieved by the Order dated 05-06-2014 passed by the DRT in favor of the Respondent-Bank, the Appellants herein filed an Appeal before Debts Recovery Appellate Tribunal (DRAT). The DRAT passed an Order dated 18-11-2014 and set aside the Order dated 05-06-2014 passed by the DRT on the ground that Section 5 of the Limitation Act won’t apply to an Appeal filed before DRT against the Order passed by the Recovery Officer.
#supremecourt #delay #appeal #recovery #drt #condone #limitation
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Ajay Rastogi and Abhay S. Oka passed a #Judgment dated 22-11-2021 in the case of Kewal Krishan v. Rajesh Kumar {Civil Appeal read more
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Ajay Rastogi and Abhay S. Oka passed a #Judgment dated 22-11-2021 in the case of Kewal Krishan v. Rajesh Kumar {Civil Appeal Nos. 6989-6992 Of 2021(Arising out of SLP (C) Nos. 2033-2036 of 2016)} and held that payment of #price is an essential part of a ##sale and that Sale Deed executed without payment of #consideration would not have any legal effect.
In the present case, one, Mr. Kewal Krishan (Appellant) and his elder brother, Mr. Sudarshan Kumar (one of the Respondents) had acquired Properties (Suit Properties) under the Sale Deeds dated 12-08-1976 and 19-10-1976. On 28-03-1980, the Appellant executed a Power of Attorney in favour of his elder brother, Mr. Sudarshan Kumar. Subsequently, on the basis of the said Power of Attorney, two Sale Deeds were executed by Mr. Sudarshan Kumar on 10-04-1981. The first Sale Deed was executed by him by which he purported to sell part of the Suit Properties to his minor sons and the sale consideration was shown as Rs.5,500/-. The other Sale Deed was executed by Mr. Sudarshan Kumar in favour of his wife in respect of the remaining part of the Suit Properties and the sale consideration for the same was shown as Rs.6,875/-. In the instant case, Mr. Sudarshan Kumar, his Wife and his Sons were the Respondents.
On 10-05-1983, two separate Suits were instituted by the Appellant before the Trial Court, Punjab. One Suit was filed against Mr. Sudarshan Kumar and his two Sons and the other Suit was against Mr. Sudarshan Kumar and his Wife. Both the Suits were filed for seeking injunction and for restraining the Defendants from interfering with the possession of the Appellant and from alienating the share of the Appellant in the Suit Properties. Also, a prayer was made for passing a Decree for possession. On 23-11-1985, the Plaints in both the Suits were amended to incorporate the relief sought for declaration that the Power of Attorney and the Sale Deeds that were executed by Mr. Sudarshan Kumar on 10-04-1981 in favour his two Sons and Wife, were null and void.
It is the case of Mr. Sudarshan Kumar that while getting the Sale Deeds executed on 12-08-1976 and 19-10-1976, the Appellant got his name incorporated as a purchaser along with Mr. Sudarshan Kumar. According to the Respondent, the Appellant was a benamidar. The contention of the Respondent is that he was the sole owner of the Suit Properties and had paid the entire consideration for acquiring the Suit Properties under the Sale Deeds of 1976. Furthermore, the Appellant vide Letter dated 15-04-1980 had accepted the sole ownership of the Respondent and in pursuance of the said Letter, the Power of Attorney dated 23-03-1980 was executed by the Appellant. The same was duly registered under the Indian Registration Act, 1908 whereby, Mr. Sudarshan Kumar was appointed as the Appellant’s Attorney in respect of the Suit Properties. Therefore, Mr. Sudarshan Kumar contended that the Sale Deeds 10-04-1981 are legal and valid.
#supremecourt #saledeed #sale #consideration
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices M.R. Shah and B.V. Nagarathna passed a #Judgment dated 22-11-2021 in the case of Gyan Prakash Arya vs Titan Industries Limited read more
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices M.R. Shah and B.V. Nagarathna passed a #Judgment dated 22-11-2021 in the case of Gyan Prakash Arya vs Titan Industries Limited {Civil Appeal No.6876 of 2021} and held that an #Arbitrator cannot modify an Arbitral #Award under the Arbitration and Conciliation Act, 1996 (Act) unless there is any arithmetical and/or clerical #error.
In the present case, the Appellant and the Respondent had entered into an Agreement dated 09-07-2003 (Agreement). Subsequently, a dispute arose between the Parties with respect to recovery of pure gold weighing 3648.80 grams (Gold) which was believed to be in the possession of the Appellant. The Respondent invoked the Arbitration Clause contained in the Agreement. A retired District Judge was appointed by the High Court of Karnataka at Bengaluru (High Court) as the sole Arbitrator to adjudicate the dispute between the Parties. An Award dated 04-12-2010 was passed by the Ld. Arbitrator, whereby the Appellant was directed to return to the Claimant/Respondent the Gold within three months from the date of the Award along with interest @ 18% per annum, and value of Gold to be calculated at Rs.740 per gram from 24-07-2004 and up to the date of delivery of the quantity of Gold. Further, it was ordered that in the alternative, the Appellant shall pay to the Claimant/Respondent the market value of Gold along with interest @ 18% per annum within the said period of three months, and value of Gold to be calculated at Rs.740 per gram from 24-07-2004 till the date of payment.
Thereafter, an Application under Section 33 of the Act was filed by the Respondent before the Ld. Arbitrator seeking modification of the Award dated 04-12-2010 by correcting the computational / arithmetical / clerical error in respect of deletion of “at Rs. 740 per gram as claimed in the claim statement” at Page 14 of the Award and deletion of “Rs.740.00 per gram” at Page 17 of the Award and substitute the same by “Rs.20,747/- per 10 grams” at Page 17 of the Award.
The Ld. Arbitrator vide Order dated 14-01-2011 allowed the said Application under Section 33 of the Act and corrected the original Award dated 04-12-2010 as under:
“a) the respondent is directed to return to the claimant within three months from today 3,648.80 grams of pure gold along with interest @ 18% per annum calculating the value of gold at Rs.740.00 per gram from 24.07.2004 and up to the date of delivery of that quantity of gold.
b) in the alternative, the respondent shall pay to the claimant within the said period of three months the market value of 3,648.80 grams of pure gold at [Rs.20,747.00 per 10 grams … value substituted] along with interest thereon at 18% per annum from 24.07.2004 and up to the date of payment.
c) the respondent is directed to pay to the claimant within three months from today a sum of Rs.50,000.00 (rupees fifty thousand only) as the probable loss suffered by the claimant due to his failure to keep up to the time schedule in fulfilling his responsibility as a job worker. If he fails to pay that amount within three months, it shall carry interest @ 18% per annum from the date of this award and up to the date of payment.
d) claimant is also entitled to cost which shall include the expenses shared by the claimant along with respondent for arranging the venue for arbitration.
e) advocate’s fee Rs.30,000.00”
#supremecourt #arbitration #award #error
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices R. Subhash Reddy and Hrishikesh Roy vide #Judgment dated 16-11-2021 in the case of Kurvan Ansari alias Kurvan Ali & Anr. read more
A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices R. Subhash Reddy and Hrishikesh Roy vide #Judgment dated 16-11-2021 in the case of Kurvan Ansari alias Kurvan Ali & Anr. v. Shyam Kishore Murmu & Anr. {Civil Appeal No.6902 of 2021 (Arising out of Special Leave Petition (C) No.5311 of 2019)} held that fixing #notionalincome at Rs. 15,000/- per annum as per Schedule-II for the claims under Section 163-A of the #MotorVehicles Act, 1988 (Act) for non-earning members is not just and reasonable.
In the present case, on 06-09-2004 the son of the Appellants-Claimants viz., Ibran Ali, aged 7 years was dashed by a motorcycle which was being driven by Mr Sunil Gurum (Respondent No. 1 and insured with Respondent No. 2) while he was standing by the side of the road, in front of his maternal grandparents’ house. The accident caused grievous injuries resulting in his death. Consequently, the Appellants-Claimants filed a Claim Petition under Section 163-A of the Act claiming compensation on account of the accident which resulted in their child’s death.
Before Motor Accidents Claims Tribunal
The Appellants-Claimants contended that the accident had occurred due to rash and negligent driving of Respondent No. 1. The Tribunal after appreciating oral and documentary evidence on record, concluded that the accident had indeed occurred due to rash and negligent driving of Respondent No. 1. After taking into consideration the notional income of the deceased which was Rs.15,000/- per annum, the Tribunal after applying the multiplier ‘15’, awarded a compensation of Rs.2,25,000/- with interest @6% per annum from the date of the Judgment.
Further, as the Respondent No. 1 did not have a valid driving licence at the time of accident the Tribunal directed Respondent No. 2 (Insurance Company) to pay the compensation to the Appellants-Claimants and recover the same from the Respondent No. 1.
Before High Court of Jharkhand, Ranchi
Pleading contributory negligence, Respondent No. 2 preferred M.A. No.115 of 2011, for enhancement of compensation. The Appellants-Claimants also preferred M.A. No.66 of 2011, before the High Court of Jharkhand at Ranchi (High Court).
The High Court dismissed the Appeal preferred by the Respondent No. 2 and partly allowed the Appeal preferred by the Appellants-Claimants by awarding a further sum of Rs.15,000/- towards funeral expenses. The High Court also held that the Appellants are entitled to a sum of Rs.2,40,000/- towards compensation with interest as awarded by the Tribunal from the date of filing Claim Petition.
Before the Hon’ble Supreme Court of India
Aggrieved, the Appellants-Claimants preferred an Appeal before the Hon’ble Supreme Court. The Apex Court after perusing the facts of the present matter, and while placing reliance on the cases of Puttamma & Ors. v. K.L. Narayana Reddy & Anr. (2013) 15 SCC 45, R.K. Malik & Anr. v. Kiran Pal & Ors. (2009) 14 SCC 1 and Kishan Gopal & Anr. v. Lala & Ors. (2014) 1 SCC 244 observed that the notional income fixed under Section 163-A of the Act, as Rs.15,000/- per annum should be enhanced and increased as the same continued to exist without any amendment since 14-11-1994.
Thus, the Court held that it is a fit case to increase the notional income by taking into account the inflation, devaluation of the rupee and cost of living.
The Court in this regard observed as follows:
“16. In view of the above, we deem it appropriate to take notional income of the deceased at Rs.25,000/- (Rupees twenty five thousand only) per annum. Accordingly, when the notional income is multiplied with applicable multiplier ‘15’, as prescribed in Schedule-II for the claims under Section 163-A of the Motor Vehicles Act 1988, it comes to Rs.3,75,000/- (Rs.25,000/- x Multiplier 15) towards loss of dependency. The Appellants are also entitled to a sum of Rs.40,000/- each towards filial consortium and Rs.15,000/- towards funeral expenses.”
The Bench while partly allowing the Appeal observed that the Appellants-Claimants were entitled to a sum of Rs. 4,70,000/- as total compensation with interest at 6% per annum from the date of claim Petition till the date of realisation.
The Apex Court held as follows:
#supremecourt #notionalincome #accident #inflation
A Two-Judge Bench of the #SupremeCourt comprising of J. MR Shah and J. BV Nagarathna has in a matter of Union of India vs Manraj Enterprises Civil Appeal No. 6592 of 2021, passed a #Judgment dated 18-11-2021 read more
A Two-Judge Bench of the #SupremeCourt comprising of J. MR Shah and J. BV Nagarathna has in a matter of Union of India vs Manraj Enterprises Civil Appeal No. 6592 of 2021, passed a #Judgment dated 18-11-2021 and decided upon the issue of whether an #arbitrator can allow #interest on #award amount, if the parties had decided otherwise in their #contract.
In this case, disputes arose between the Appellant- Indian Railways and the Respondent-Contractor in respect of a contract (Contract) around 1997. The Parties resorted to arbitration for resolution of the disputes. The Arbitrator passed an Award dated 17-01-2011 in favor of the Respondent (Award). The Arbitrator awarded an amount of Rs. 78,81,553.08 along with interest pendente lite and future interest at the rate of 12% and 18% respectively on the entire Awarded Amount except for the earnest money deposit and the security deposit.
The Appellant filed an Application under Section 34 of the Arbitration and Conciliation Act 1996 (Arbitration Act) before the Delhi High Court, to challenge the Award on the ground that although the Contract entered into by the Parties had a bar against payment of interest, the Arbitrator awarded interest on the Award Amount. The Single Bench of the High Court dismissed the said Application and upheld the Arbitrator’s Award. On an Appeal to the Division Bench, the High Court dismissed the Appeal, vide Order dated 12-04-2021.
Aggrieved, the Appellant filed an Appeal before the Supreme Court. The Apex Court made the following observations:
1) That the Parties had agreed in Clause 16(2) of the Contract that interest will not be payable on earnest money or security deposit or amounts payable to the Respondent-Contractor under the Contract. Further, the said expression “amounts payable to the Contractor under the Contract” has to be read independently and not in conjunction with “earnest money deposit” and “security deposit”. Clause 16(2) of the Contract is reproduced below for easy reference:
(2) No interest will be payable upon the earnest money or the security deposit or amounts payable to the Contractor under the Contract, but Government Securities deposited in terms of Sub-clause (1) of this Clause will be repayable with interest accrued thereon.
2) That as per Section 31(7)(a) of the Arbitration Act, an arbitrator is bound by the terms of the contract insofar as award of interest from the date of cause of action to date of the award is concerned. Section 31(7)(a) of the Arbitration Act is reproduced below for easy reference:
31. Form and contents of arbitral award.—
(7) (a) Unless otherwise agreed by the parties, where and in so far as an arbitral award is for the payment of money, the arbitral tribunal may include in the sum for which the award is made interest, at such rate as it deems reasonable, on the whole or any part of the money, for the whole or any part of the period between the date on which the cause of action arose and the date on which the award is made.
Hence, the Supreme Court held that as the Parties had agreed in the Contract that no interest shall be payable, the Arbitrator cannot go beyond the terms of the Contract and award interest. Thus, the High Court Orders and the Award allowing interest pendente lite or future interest on the amounts due and payable to the Respondent under the Contract, have been set aside.
#supremecourt #arbitration #award #interest #contract
The #SupremeCourt of India in the matter of Experion Developers Pvt Ltd vs Pawan Gupta (Civil Appeal Nos. 3703-3704/2020) vide its Order dated 12-01-2021 affirmed the National Consumer Dispute Redressal read more
The #SupremeCourt of India in the matter of Experion Developers Pvt Ltd vs Pawan Gupta (Civil Appeal Nos. 3703-3704/2020) vide its Order dated 12-01-2021 affirmed the National Consumer Dispute Redressal Commission, New Delhi (“#NCDRC”) Judgment dated 26-08-2021 that #cancelled the #demand for excess area on offer of #possession.
Brief Facts:
The facts of the case involve one Mr. Pawan Gupta (the “Respondent”) had booked residential Flats in a Project of the Experion Developers Pvt Ltd (the “Appellants”) in 2012. The total sale consideration of the Flats was Rs.2,92,89,639/- under the Builder-Buyer’s Agreement dated 26.12.2012. The total sale consideration was later unfairly raised to Rs.3,10,48,232/-due to an increase in the sale area. The possession was to be given latest by 26.12.2016 however; the Appellants failed to handover the possession within the stipulated time period. As a result, the Respondent filed Complaints against the Appellants before the NCDRC. The Respondent prayed to restrain the Appellants from imposing any additional charge on account of the arbitrary increase in the price of the Flats.
The NCDRC heard the contentions raised by both the Parties and vide its Judgment dated 26-08-2021 observed and held as follows:
Read More: https://theindianlawyer.in/supreme-court-upholds-ncdrcs-view-on-unjustified-demands-of-a-builder/
#supremecourt #ncdrc #builder #rera
Standard from of contract - Legal or Illegal?Generally speaking, standard contracts are imbibed with the common 'take it or leave it' clauses. In such situations, the other party has almost no power to read more
Standard from of contract - Legal or
Illegal?
Generally
speaking, standard contracts are imbibed with the common 'take it or leave it' clauses.
In such situations, the other party has almost no power to negotiate the terms
laid down in the contract; they can either accept the terms as it is or reject
the entire contract. Therefore, the basic right of negotiation is largely
curtailed by a standard form of contract. Such contracts are generally entered
into between a service provider and its customers, including insurance
companies and other sale and purchase agreements.
Is a standard form of contract legal?
There is no
distinction between general contracts and standard form of contracts under the
Indian Contract Act, 1872. All provisions of the Act equally apply to all
contracts. The reason for the popularity of standard form of contracts is the ever-expanding
business activities of an organisation. Many issues have arisen as regards the
negotiation power of the party. Such a party is in a disadvantaged position
where it has to either accept the contractual terms or be deprived of the
particular service. The party generally does not read the clauses fully and
believe that they have no choice but to sign the contract. In light of such
circumstances, the courts in India have, on multiple occasions, devised tests
to protect the aggrieved party and ensure justice.
Tests to protect the party in a disadvantaged
position
A standard form of
contract is legal and valid. However, in the interest of justice, the courts
have devised measures to test the cogency of such contracts and prevent
exploitation. In Life Insurance Corporation of India v. Consumer Education
and Research Centre and ors., the Court held that in a standard form of
contract, there is no opportunity given to the weaker party to bargain, and
thus there is an imbalance of bargaining power between parties.
Firstly, a
reasonable notice has to be served upon the party in a weaker position by the
party framing the contract, which highlights the various terms and conditions
of the contract, whether before or at the time of signing of the contract. In the case of M/s Prakash Road Lines (P)
Ltd. v. HMT Bearing Ltd., a lorry receipt for the carriage of goods was
issued. The receipt contained a clause that the goods will be delivered at the
responsibility and risk of the owner and not the transporter/ carrier. The
Court held that merely including such a condition will not be enough to release
the carrier of his liability and obligations as it is unfair. Printing of lorry
receipt is not enough to satisfy the requirement of the notice unless it can be
shown that the plaintiff had the knowledge and gave his consent to such
stipulations.
It is required
that the terms of the agreement should not be unreasonable and intended to
injure the other party. In Lilly White v. Mannuswami, it was observed
that the terms of the contract would be declared to be unreasonable if it is
contradictory to the purpose of entering into the contract or violates the
public policy. Over time and again, courts have refused to enforce unfair and
unreasonable contracts or clauses in contracts that are arbitrary and an abuse
of position due to the inequality in bargaining power. In case it can be shown
that the party was not in a disadvantaged position and was not prevented from
bargaining the terms, the contract will be upheld.
SC precedent
This
issue was discussed at length in the case of Central Inland Water Transport Corporation
limited vs Brojo Nath Ganguly.
In
this case, the corporation was formed by the union government, and it was
completely controlled by the government because it held all of the shares. Brojo
worked for a corporation that was dissolved by court order, and he was
thereafter enrolled into the plaintiff's Corporation under the terms and
conditions of the latter. He was elevated to Deputy Financial Adviser and Chief
Accounts Officer after being selected as the corporation's Deputy Chief
Accounts Officer. Brojo's employment was terminated without notice under the
corporation's rule 9(i), which states that the company has the authority to
terminate a permanent employee's employment by giving him three months' written
notice or paying him three months' basic salary and dearness allowance.
Brojo
raised an issue that Rule 9(i) is arbitrary and unconscionable and filed a
complaint in the Calcutta High Court. The Corporation filed an appeal against
the order by the HC.
Issue:
Whether Rule 9(i) is unconscionable under Section 23 of the Indian Contract
Act, 187?
Judgment:
The apex court held that the Central Inland Water Transport Corporation Ltd's
rule 9(i), the Service, Discipline, and Appeal Rules of 1979, gave the company
the authority to terminate a permanent employee's employment by giving him
three months' written notice and a rule
like Rule 9(1) in a contract of employment that agitates significant segments
of the public is damaging to the public interest because it tends to produce a sense
of self-doubt in the minds of those who are affected, and so it is against the
public good. The SC judge dismissed the appeal and gave judgment against the Corporation
stating that rule 9(i) is invalid, arbitrary, and unconscionable and opposes
public policy under Section 23 of the Indian Contract Act, 1872.
Analysis:
Subclause (i) of Rule 9 is against public policy and is unlawful under section
23 of the Indian Contract Act because it gives the company full and arbitrary
authority. It is unclear who will exercise such power on behalf of the
Corporation. There are no rules in place to determine when the Corporation may
use the power granted by rule 9(i). There are no guidelines laid down to
indicate in what circumstances the power given by rule 9(i) is to be exercised
by the Corporation. If there is no bean of public policy to protect a case, then
the Court must find the practice to be against public policy in accordance with
public morality, welfare, and interest.
In a standard form of contract, the
terms and conditions are printed in fine print, which may be overlooked by the
other party. These contracts are also known as dotted line contracts, and it is
assumed that a weaker party may be exploited and injured as no specific laws govern
the standard form of contracts. The party getting it signed is in a dominant
position and can easily suppress the other party by compelling them to enter
into the contract. Such contracts are being increasingly entered into, and higher
standards of scrutiny are required. This practice also impinges upon the
principles of natural justice that require both the parties to be heard.
A standard form contract is a reality
of modern business setup. However, the Indian courts have failed to employ
a uniform rule to unravel this difficulty, and hence, although the courts seem
to be in favour of the less favourable, there is ambiguity in referring to the
guidelines or the lack of it.
*****
The Supreme Court has in a case of Ratnam Sudesh Iyer vs Jackie Kakubhai Shroff passed a Judgment dated 10-11-2021 and reiterated the grounds for setting aside international arbitral award in cases of read more
The Supreme Court has in a case of Ratnam Sudesh Iyer vs Jackie Kakubhai Shroff passed a Judgment dated 10-11-2021 and reiterated the grounds for setting aside international arbitral award in cases of economic offences.
In this case, one, Mr. Ratnam Iyer, the Appellant herein and Mr. Jackie Shroff, the Respondent herein, were shareholders in an investment holding company, namely, Atlas Equifin Private Limited, India (Atlas) which held 11,05,829 Equity Shares of Rs.10 each in Multi Screen Media Pvt. Ltd. (Company). The Appellant was interested in selling the Shares and hence, both Parties allegedly signed a Placement Instruction dated 15-11-2005 (Placement Instruction) and authorised Standard Chartered Bank (Bank) as their Agent to look for a buyer for the Appellant’s Shares in Atlas. The dispute arose when the Respondent alleged that his signatures on the Placement Instruction were forged. Thus, the Respondent lodged a complaint with the Economic Offences Wing (EOW), Mumbai Police on 19-04-2010 (Complaint) against the Appellant and the Bank. Thereafter, the Parties entered into a Settlement Deed dated 03-01-2011 (Settlement Deed) which stated that (a) the Respondent would withdraw all complaints and proceedings filed against the Appellant; (b) the Respondent would not inform any Authority about the subject matter of the Settlement Deed; (c) USD 1.5 Million to be held in an Escrow Account and later to be released to the Respondent upon confirmation by EOW that the Complaint has been withdrawn; (d) USD 2 Million payable to the Respondent from proceeds of sale of Shares; (e) in case of disputes, Parties shall resort to arbitration.
Thereafter, various incidents of breach of Settlement Deed by the Appellant were communicated to the Appellant by Emails dated 09-06-2011, 15-06-2011, 30-06-2011, etc by the Respondent’s Wife. Thus, owing to disputes arising out of the Settlement Deed, arbitration proceedings were initiated.
During the arbitration, it was noted that a Share Purchase Agreement was executed for the Shares in the Company in July 2012 and Shares were sold in March 2013. Meanwhile, the Arbitrator directed the Bank to refrain from releasing the amounts held in the Escrow Account, till further directions of the Arbitrator. The Arbitrator then passed a Final Award dated 10-11-2014 (Award) awarding Liquidated Damages of USD 1.5 Million in favor of the Appellant and that the Respondent will not be entitled to his share in the sale proceeds of Shares, on account of his breach of Settlement Deed.
Aggrieved, the Respondent filed a Petition under Section 34 of the 1996 Act before the Bombay High Court on 24-01-2015, thereby challenging the Award. On the other hand, the Appellant filed for execution of the Award. The Respondent further filed for stay of enforcement of Award, which was granted on 06-04-2018. The High Court passed a Judgment dated 19-05-2020 and set aside the Award and also granted interim protection against withdrawal of money from the Escrow Account. An Appeal filed against the High Court Judgment dated 19-05-2020, was dismissed by the Division Bench of the High Court.
To read more, please visit the link below:
#supremecourt #international #award #arbitration #economicoffence
A Two Judge Bench of the Supreme Court has in a matter of Mahendra KC vs State of Karnataka and Others passed a Judgment dated 29-10-2021 and drawn a distinction between proceedings initiated for quashing read more
A Two Judge Bench of the Supreme Court has in a matter of Mahendra KC vs State of Karnataka and Others passed a Judgment dated 29-10-2021 and drawn a distinction between proceedings initiated for quashing of First Information Report (FIR) under Section 482 Code of Criminal Procedure 1973 (CrPC) and a criminal trial.
In this case, a Complaint was filed on 06-12-2016 in Maddur Police Station, Karnataka by one, Mr. Mahendra KC (Appellant herein) against the Respondent, a Special Land Acquisition Officer, for offence punishable under Section 306 of the Indian Penal Code 1860 (IPC) (Abetment of suicide) read with Section 34 IPC (Acts done by several persons in furtherance of common intention) committed in respect of the Appellant’s brother (Deceased). The said Complaint was later registered as FIR bearing No. 565 of 2016 on 07-12-2016. The relevant provisions of the offences are reproduced below for easy reference:
Section 34 IPC: Acts done by several persons in furtherance of common intention.—When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone
Section 306 IPC: Abetment of suicide—If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
The Complaint stated that the Deceased was working as a driver for the Respondent-Accused. The Deceased had discussed with the Appellant and his friends in December 2016 that the Respondent-Accused has accumulated disproportionate assets of over Rs. 100 Crores and that the Respondent-Accused had utilized the mobile and bank account of the Deceased to transfer funds to the Accused’s relatives for converting “black money into white”. The Complaint further stated that the Deceased had knowledge about the dealings of the Accused, hence the Respondent-Accused along with another driver, had been harassing him and threatening to murder him. As a result of the mental stress, the Deceased committed suicide by consuming poison in a Lodge Room on 06-12-2016. A suicide note was also found in the Lodge Room (Suicide Note). The Suicide Note specifically named the Respondent-Accused and the driver as responsible for his death. Thereafter, the Respondent-Accused was arrested on 11-12-2016.
The Respondent-Accused filed a Petition under Section 482 CrPC before the Karnataka High Court seeking quashing of the FIR No. 565 of 2016.
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#supremecourt #distinction #quashing #FIR #criminal #trial
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Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
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positive
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services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
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The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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