Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Court trying an offence u/s 138 of the Act to award interim compensation to complainant at a preliminary stage of proceedings - Such power can be exercised in a summary trial or summons case when accused pleads not guilty and in any other case upon framing of charge -..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Letter of Intent (LOI) does not in and of itself, create a legal relationship or contractual obligations until there is a clear, unambiguous final acceptance by parties - LOI is to be followed by a final award or a concluded agreement, it cannot be said that letter..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Challenged on the ground of fraud - Petitioners contended that they were directed over phone to appear before Adalat on the very next day and when they appeared they were forced into compromise - However, petitioners themselves admit that there was no coercion for their appearance and they were..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability - Observations of the Tribunal regarding joint and several liability remain intact - Liability to satisfy the award is fastened on the insurer, respondent No.2...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Compensation under the Act is remedial and protective in character - Detailed mathematical ascertainment of market decline is not a sine qua non, what is required is that award be just, reasonable and proportionate to delay, deprivation and hardship established on record...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Interest - Having regard to totality of circumstances, i.e. prolonged delay, failure to obtain mandatory statutory approvals, repeated non-compliance with directions of Supreme Court and long deprivation suffered by respondents despite payment of..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection by transferee pendente lite - Appellant is a purchaser post-arbitral award for recovery of amount - Execution proceeding was pending when sale deed was entered into between respondent No.2 and appellant - Moreover, appellant failed to discharge the onus on sale being without notice of..........
Arbitration and Conciliation Act, 1996, Section 36 -- Arbitral award - Execution - Arbitral award is enforceable in the same manner as if it were a decree of Court essentially, a deemed decree...........
Mediation proceedings -- Settlement agreement in a mediation proceeding does not have the effect of an award passed under Legal Services Authority Act...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - S.143-A of the Act confers a discretionary authority and does not mandate automatic award of interim compensation - Exercise of such discretion is contingent upon factual substratum of each case and equities emerging therefrom...........
