Arbitration and Conciliation Act, 1996, Section 48 -- Foreign arbitral award - Enforcement - Natural justice grounds u/s.48(1)(b) of the Act - Only grounds on which a foreign award cannot be enforced are natural justice grounds relatable to notice of appointment of the arbitrator or of the arbitral proceedings, or that a party was otherwise unable to present its case..........
Service -- Compassionate appointment - Appointment on compassionate ground is a concession and not a right...........
Service -- Compassionate appointment - Suitable post u/r 5 of 1974 Rules, has to be considered, considering status/post held by deceased employee and educational qualification/eligibility criteria is required to be considered...........
Service -- Compassionate appointment - Death of employee - Respondent being widow of deceased employee applied for appointment on compassionate ground on the post of Assistant Operator in Police Radio Department - However, she was not fulfilling the requisite eligibility criteria for post of Assistant operator - Respondent was offered appointment on compassionate ground..........
Service -- Age qualification - Upper age limit notified in advertisement for appointment 35 years - Respondent No.2 who crossed 35 years on cut-off date as such not eligible for appointment - Scheme which gives relaxation of upper age limit from 2003 to 2004 cannot be made applicable to a selection which commenced by issuance of advertisement dated 29.11.2002 - High Court..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Application for examination of plaintiff by medical board - Defendants never prayed for medical examination of plaintiff by medical board in their objection to application for appointment of next friend of plaintiff - Application filed at the appellate stage - It cannot be said that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil Court in view of S.85 of Maharashtra Tenancy and Agricultural Lands Act - Civil Court was obliged to see whether appointment of a receiver for administration of Estate of a deceased person would actually fall within mandate of S.88-B(1)(d) of Maharashtra Tenancy and..........
Service -- Judicial Officer - Denial of appointment - Candidate involved in criminal cases - Four FIRs registered against respondent - Respondent though acquitted in two FIRs - However, in absence of a honourable acquittal, alleged involvement of an officer in criminal cases may undermine public faith in the system - Keeping in view the age, nature of offences in which..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of survey commissioner - No dispute as to identity of property - Survey Commissioner cannot be appointed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of survey commissioner - In order to get a survey commissioner executed, it is necessary that there has to be a dispute in respect of identity of property...........
