Simply because the winding up order is passed, the company cannot be restrained from approaching the court for the purpose of recalling or reviewing the winding up order.
Shreeji Concast v. Shreeji Oxygen, [2007]138CompCas717(Guj)
Showing posts with label Clause 12. Show all posts
Showing posts with label Clause 12. Show all posts
Tuesday, September 21, 2010
Monday, September 20, 2010
arbitration, foreign award and letters patent
Clause 10 of LPA (Delhi)
Since order enforcing foreign award within meaning of Ss. 44,47 of Arbitration Act, 1996 does not in categories specified in Section 50 of the 1996 Act - Cl. 10 LPA is not maintainable.
AIR 2010 Del 135
Since order enforcing foreign award within meaning of Ss. 44,47 of Arbitration Act, 1996 does not in categories specified in Section 50 of the 1996 Act - Cl. 10 LPA is not maintainable.
AIR 2010 Del 135
Monday, June 28, 2010
Suit for Land : Specific Performance
AIR 1960 Cal 626
2001 (7) SCC 698Suit for specific performance of an agreement to sell is not a suit for land in terms of Clause 12 of the Letters Patent
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AIR 2004 Mad 54: A suit seeking final decree for recovery of money and only when there is default, a final decree may ensue permitting recourse to the land in satisfaction of the money claim is not a suit for land.
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Wimco Limited v. Matoshree Shelters Private Ltd., MANU/MH/0834/2009
To find out territorial jurisdiction the court is required to consider the averments and prayers made in the Plaint.
An incidental prayer for possession where the suit is essentially for declaration does not make the suit, ' a suit for land'.
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