Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 34 -- Setting aside of arbitral award - Objections u/s 47 CPC - Maintainability - Held, S.34 of the Act provides for setting aside the arbitral award - A detailed procedure is provided giving opportunity to the aggrieved party to challenge the award - The said Act is a special Act and..........
Essential Commodities Act, 1955, Section 3 -- Award of retail outlet dealership - Eligibility criteria - As per advertisement the applicant is required to be resident of advertised location - Stay of applicant at Gaya being only for the purposes of his service - Held, he cannot be legally assumed to be an ordinary resident of Gaya because except for his service he would..........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Can be awarded simultaneously with the judgment of sentence and fine and it is not ancillary to the power to award other sentences...........
Punjab Co-operative Societies Act, 1961, Section 68, 69 -- Recovery of award amount - Revision - Grant of stay - Held, if revision is admitted challenging award and appellate order, then, ordinarily stay should be granted subject to deposit of part of award amount or on furnishing security to satisfaction of Revisional Authority - In present case, without calling any..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Granted to wife and minor son - Minor not made a party in the petition - However, prayer was made for granting maintenance to the wife and minor - Held, award of maintenance to wife and minor son cannot be faulted...........
Motor Vehicles Act, 1988, Section 166, 168 -- Women having 30 weeks old pregnancy suffered blow on her stomach in motor accident, resulting in death of unborn child - Tribunal awarded consolidated sum of Rs.50, 000/- towards loss of child and Rs.10, 000/- towards pain and suffering - In appeal, High Court enhanced compensation by awarding consolidated sum Rs.1, 80, 000/-,..........
Arbitration Act, 1940, Section 32,33, Contract Act, 1872, Section 17 -- Arbitral award - Award allegedly obtained by fraud - If award was not genuine, but was collusive and sham, Court will not and in fact can not make it a rule of Court...........
Registration Act, 1908, Section 17,49 -- is compulsorily registrable - Arbitration Award which purports or operates to create, declare any right, title or interest in any immoveable property of value of more than ,R. ,S. 100 - Unregistered awards which are compulsorily registrable u/s 17(1) (b) of the Act could neither be admitted in evidence nor can decrees be passed in..........
Contract Act, 1872, Section 17, Arbitration Act, 1940, Section 32,33 -- Arbitral award - To avoid stamp duty - References to arbitration, proceedings before arbitrator, awards of arbitrator and proceedings in court to get decrees in terms of awards, and decrees in terms of award were all sham and bogus - Sole fraudulent object being to avoid payment of stamp duty and..........
Specific Relief Act, 1963, Section 34, Contract Act, 1872, Section 17, Arbitration Act, 1940, Section 32,33, Specific Relief Act, 1963, Section 34 -- Award - Allegedly obtained by fraud and misrepresentation - Setting aside of - Appellant seeking declaration that award was null and void and also seeking consequential relief of setting aside mutation based on such decrees..........
