Civil Procedure Code, 1908, Order 21, Rule 10 -- Award of arbitrator - Fallibilities therein - Duty of executing Court - Held, a mere finding that contractor was entitled to benefits of escalation cannot obtain any enforceability - Executing Court could not have undertaken task of ascertaining amount which was payable to contractor if said amount was itself not determined..........
Land Acquisition Act, 1894, Section 4, 6 -- Notification/declaration stood elapsed as no award was made within the period stipulated under the Act - There can be no sanctity to any of the acquisition proceedings initiated by the respondents so far as the suit land is concerned...........
Land Acquisition Act, 1894, Section 4, 6 -- Notification/declaration stood elapsed as no award was made within the period stipulated under the Act - No sanctity to the acquisition proceedings - However, considering the fact that possession of land was taken over about half a century ago and stood completely developed as such it will be difficult to restore possession -..........
Arbitration and Conciliation -- Arbitral proceedings - Expected matter - Objection as to - Appellant raised objection before District Judge to the effect that Arbitrator had no jurisdiction to pass award being "excepted matter" - Said objection never raised by him before Arbitrator - Held, since objection has not been raised before Arbitrator, therefore, same could not be..........
Civil Procedure Code, 1908, Section 34 -- Arbitral proceedings - Award of interest - Validity - Though agreement is silent about provisions regarding claim of interest, yet Court as well as Arbitrator appear to have exercised discretion while awarding statutory interest @ 18% per annum to respondents - Held, no interference is called for - Appeal dismissed...........
Indian Penal Code, 1860, Section 302 -- Death sentence - Imposition of - Factors to be considered - Held, age definitely is a factor which cannot be ignored though not determinative factor in all fact situations - Probability that accused persons could be reformed and rehabilitated is also a factor to be borne in mind - To award death sentence, aggravating circumstances..........
Motor Vehicles Act, 1988, Section 166, 167 -- Award u/s 166 of the Act - Deductions made for amount of compensation paid under Employee's Compensation Act - Held, no infirmity...........
Land Acquisition Act, 1894, Section 11A -- Acquisition of land - Period for making award - Held, mandate of S.11A of the Act is that Collector is required to make an award u/s.11 of the Act within two years from date of publication of declaration - Failure to do so within that period results in abandonment of entire proceedings for acquisition of land - Where declaration..........
Land Acquisition Act, 1894, Section 11A -- Acquisition of land - Award - Validity - Declaration u/s.6 of the Act published on 5.1.1983 i.e. before commencement of Amendment Act of 1984 - Award announced on 24.6.1986 - Held, proviso to S.11A of the Act applied and award was required to be made within two years from such commencement - Limitation for validly passing award..........
Service -- Wrongful dismissal - Reinstatement - Daily-rated worker - Where the length of engagement as daily wager is not long, award of reinstatement should not follow and rather compensation should be directed to be paid...........
