SCC Weekly

Civil Procedure Code, 1908 — Or. 37 (as amended in 1976) — Leave to defend: Leave to defend can be granted unconditionally

Constitution of India — Art. 51-A(a) — Duty to respect ideals and institutions, the National Flag and National Anthem: Interim directions issued

Constitution of India — Art. 243-ZD: Vidhayak Nidhi Scheme as introduced by State of U.P. similar to MPLADS, not violative of Art.

Arbitration and Conciliation Act, 1996 — Ss. 45 and 8 — Reference of dispute to arbitration under S. 45 where arbitration clause

Negotiable Instruments Act, 1881 — S. 138 — Post-dated cheque described as ‘security’ towards repayment of instalment of already disbursed loan amount:

Arbitration and Conciliation Act, 1996 — Ss. 16, 5, 8 and 11 — Power and jurisdiction of arbitrator to adjudicate disputes when

Associations, Societies and Clubs — Body discharging public functions but not amounting to “State” — BCCI: Due to obstructionist and defiant attitude

Associations, Societies and Clubs — Body discharging public functions but not amounting to “State” — BCCI: Root and branch reform of BCCI

Constitution of India — Art. 32 — Scope of interference under — Ex debito justitiae jurisdiction: Principle of ex debito justitiae is

Constitution of India — Art. 226 — Writ appeal — Tax matters: Jurisdiction of Division Bench in a writ appeal is primarily

Service Law — Retirement/Superannuation — Voluntary retirement — Voluntary Retirement Scheme (VRS): Where VRS floated by employer is contractual in nature and

Constitution of India — Art. 137 — Review: Reagitation of decided issue, not permissible. [T.N. Terminated Full Time Temporary LIC Employees Assn.

Andhra Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 1999 — Regn. 45-B: Regn. 45-B is not ultra vires the provisions contained

Arbitration and Conciliation Act, 1996 — Ss. 7, 8, & 16 — Arbitrability of dispute: Exclusion of jurisdiction of civil court in

Arbitration Act, 1940 — Ss. 28, 30, 33, 3 and Sch. I, Cl. 3: It is mandatory to complete arbitration proceedings within

Constitution of India — Art. 14 — PIL: U.P. Ex-Chief Ministers Residence Allotment Rules, 1997 which permitted ex-CMs to continue occupation of

Arbitration and Conciliation Act, 1996 — Ss. 11(5) and 11(12) and 16 — Appointment of arbitrator: Claims sought to be referred to

Constitution of India — Arts. 174, 85 and 163 — Summoning, proroguing or dissolving of State Legislature under Art. 174: If Chief

Constitution of India — Arts. 136 and 145(3): Reference to Constitution Bench to restrict scope of Art. 136, dismissed. Even if a