R.M.SAVANT
Resources International, (Registered Partnership Firm) – Appellant
Versus
Ana Bertha do Rego E Fernandes – Respondent
R.M. Savant, J.—Rule in all the petitions. With the consent of the learned Counsel for the parties, made returnable forthwith and heard.
2. The writ jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the identical orders dated 16.11.2012 passed by the Principal District Judge, South Goa, Margao, by which order, the applications filed by the respondents for being permitted to cross-examine the person, who had sworn the affidavit in the applications filed under Section 149/151 of the CPC i.e. one Dipak Rajani, came to be allowed and the said person i.e. Shri Dipak Rajani was directed to submit himself to cross-examination.
2A. The facts necessary to be cited for the adjudication of the above petitions can be stated thus : The petitioners herein and the respondents were involved in Arbitration Proceedings, which culminated in the declaration of the Award dated 29.03.2008. The petitioners invoked Section 34 of the Arbitration and Conciliation Act, 1996 (‘the Arbitration Act, 1996’ for short) by filing Applications to challenge the said Award passed by the majority of the Arbitrators. The said Arbitration Applications, inter alia, contai
Mahasay Ganesh Prasad Ray and Anr. v. Narendra Nath Sen and Ors.
A Nawab John and others v. V.N. Subramaniyam
Buta Singh (dead) By Lrs.v. Union of India
Land Acquisition Officer-cum-Collector, Kalahandi Versus. Sambaru Bariha
Range Forest Officer v. S.T. Hadimani
M/s. Bareilly Electricity Supply Co. Ltd. v. The Workmen and Ors.
Needle Industries (India) Ltd. v. Needle Industries Newey (India) Holding Ltd.
None of the cases in the provided list explicitly indicate that they have been overruled, reversed, or treated as bad law. There are no keywords such as "overruled," "reversed," "distinguished," or similar language suggesting negative treatment or invalidation of these precedents within the given descriptions.
[Followed]
None of the cases explicitly state that they have been followed by subsequent decisions. The descriptions do not include language indicating a continued judicial endorsement.
[Distinguished or Criticized]
No cases mention being distinguished or criticized in the provided text.
[Questioned or Clarified]
The first case (Range Forest Officer VS S. T. Hadimani - 2002 2 Supreme 58) discusses the burden of proof on the claimant workman regarding work days and mentions that an affidavit cannot be regarded as sufficient evidence. This appears to be a standalone statement of legal principle without reference to subsequent questioning or clarification, so it does not clearly fit into this category.
[Legal Principles Established]
The second case (LAND ACQUISITION OFFICER-CUM-COLLECTOR, KALAHANDI VS SAMBARU BARIHA - 1993 0 Supreme(Ori) 96) states that non-receipt of court-fee is not a valid reason for extension of time and that the State is not entitled to different standards in this regard. This seems to establish a legal principle but without indication of subsequent treatment.
Both cases lack explicit information about their subsequent judicial treatment, such as being overruled or criticized. Therefore, their treatment remains uncertain based solely on the provided descriptions.
Without additional context or references to subsequent case law, it is not possible to definitively categorize their current standing or treatment in the legal landscape.
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