Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Enhancement of compensation - Deceased was aged 37 years and is survived by his wife, three minor children and one major child - Minor children have their entire life ahead of them - Their education has to be taken care of as well as living expenses of all claimants - Perusal of award reveals that no amount has..........
Arbitration and Conciliation Act, 1996, Section 34(2) -- Arbitral award - If any provision of a contract is capable of two interpretations and interpretation made by Arbitrator is a possible interpretation, if not a plausible one, it cannot be said that arbitrator had acted outside jurisdiction or that view taken by him was against the terms of contract...........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment - Award of Lok Adalat - Compromise arrived at between parties during pendency of execution petition when matter was referred to Lok Adalat - Parties are bound by compromise in the matter of execution - Decree can be executed insofar as they are concerned only as per terms of compromise - Since, JD failed..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Condonation of delay - S.34(3) Proviso of the Act states that Court may condone delay of a period up to thirty days in filing objections if it is satisfied that applicant is prevented by sufficient cause from making an application u/s 34(1) of the Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Condonation of delay - Application for setting award was made on 28 Mar 2014 accompanied by an application for condonation of delay of eight days - Court therefore, had power to condone eight days delay, which is less than thirty days in terms of S.34(3) Proviso of the Act -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Compromise decree for specific performance - Objections - Agreement to sell indicates that vendees were already knowing of fact that suit land had been acquired - Even notification for acquisition of land issued prior to execution of agreement to sell - On passing of award, taking over possession of..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Consent award ought not to have been relied upon and/or considered for purpose of determining compensation in case of another acquisition, particularly when there are other evidences on record...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Notification for acquisition of land issued in 2008 - High Court determined the compensation solely relying upon consent award in respect of land acquired in the year 2011 which was acquired for a different purpose - Order of High Court set aside - Matter remanded back to High Court for fresh..........
Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008, Section 18 -- Extension of period of limitation - Delay in making reference to arbitral Tribunal - Arbitral Tribunal has power to condone delay in making reference - Therefore, u/art 136 of Constitution, this is not a fit case to interfere with award on the ground that reference was barred by limitation...........
Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008, Section 13 -- Revision - Scope of interference with award of Arbitration Tribunal in revisional jurisdiction was very narrow - In absence of any perversity, High Court could not have given a different interpretation to clauses in agreement from one provided by Arbitral Tribunal...........
