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Showing : 721-730 of 1911 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Arbitration Act, 1940, Section 30, 33, 20 -- Arbitration award - Objections - Claim before arbitrator alleged to be time barred - Arbitrator entered reference in pursuance of reference u/s 20 of the Act - It was for the objector to raise the question of limitation before the Court dealing with application u/s 20 of the Act - Once the reference was made, arbitrator was to..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Arbitration Act, 1940, Section 30, 33 -- Award of damages - Assessment of damages @ 15% of the contract price, cannot be said to be excessive or not capable of being earned by person, if contract is allowed to be fulfilled - Even otherwise this plea is not available in view of fact that arbitrator is master of law and facts...........

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2010
Details

Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Education - Job oriented course - Non - issuance of certificate - Unfair trade practice - The complainants joined the courses on the representation of the OP that they will get a certificate from the National Productivity Council which they did not get after the completion of the training during which..........

KERALA HIGH COURT

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 25, 34 -- Exparte award - Setting aside - An arbitrator appointed in terms of agreement between parties, cannot set aside an ex parte award after it is signed - An arbitrator appointed under the Act becomes functuous officio once he signs the award...........

KERALA HIGH COURT

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 34, 37 -- Exparte award - Refusal to set aside - Order not appealable...........

KERALA HIGH COURT

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 34(2)(i), 33(1)(e), 37 -- Setting aside of exparte award - Arbitrator has no power to set aside exparte award - It is only Court which can set aside exparte award u/s 34(2)(i) of the Act - Order of Arbitrator refusing to set aside exparte award - No appeal lies against said order, not even u/s 37 of the Act...........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Sentence of imprisonment only - Revision against inadequacy of sentence - Revisional Court when finds that sentence is insufficient and the sentence awarded is illegal, then it can award compensation even if there is no alteration of the substantive..........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Specific Relief Act, 1963, Section 10, 16 -- Specific performance - The very foundation of the jurisdiction to decree specific performance of contract is that award of damages does not afford the aggrieved party a complete remedy and put him in the situation as beneficial as if the contract is specifically enforceable - If damages is an adequate remedy, Specific..........

MADRAS HIGH COURT

Year of decision: 2010
Details

Motor Vehicles Act, 1988, Section 166 -- Motor accident - Exorbitant compensation - Tribunal has granted a sum of Rs.1,50,000/- towards pain and suffering, Rs.1,00,000/- towards future medical expenditure and Rs.50,000/- for extra nourishment for each of claimants - Award of Rs.5,00,000/- for death of a six months old still born child - A maximum of Rs.2,50,000/- was only..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Delay in filing objections to arbitration award - Condonation - Period of limitation cannot be extended even by invoking S.5 of the Limitation Act, 1963 - Provision of S.34(3) of the Act is very stringent in its nature and Court cannot extend the time even if appellant has a strong case..........

Showing : 721-730 of 1911 Results