Arbitration Act, 1940, Section 30, 33 -- Arbitration Award - Setting aside - Non-speaking award - Where award is no, speaking award, it is not permissible for Court to probe into the mental process of Arbitrator especially when Arbitrator rejected major portion of claim made by respondent - Application rightly dismissed...........
Factories Act, 1948, Section 46 -- Canteens in railway division - Whether Statutory or Non-statutory - Manufacturing process is being carried out at Moradabad Division - In instant case, all the requirements of term `factory' as defined u/s.2(m) of the Act are satisfied - Thus, premises of concerned railway division is considered as `Factory' under the Act - Therefore,..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If the evidence recorded in judgment of acquittal shocks the conscience of Appellate Court or shows that norms of legal process have been disregarded or substantial and great injustice had been done, same can be interfered with...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offences at the instance of accused without de facto complainant ready to compound - Petition is nothing but an abuse of process, as such, is liable to be dismissed at the threshold...........
Indian Penal Code, 1860, Section 302 -- Murder - Inappropriate investigation in criminal case - Acquittal of accused by Trial Court - Allegations of complainant that investigation process of Trial Court manipulated by appellant - Considering that occurrence took place decade ago, it is directed that matter be considered by Home Secretary for examination...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court issued summons by way of ordinary process as well as through registered post - Ordinary summons not received back whereas summons through registered post received back with report of refusal - Postal employee made two efforts before making report of refusal showing an honest effort of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Contraband - Accused arrested on the basis of information provided by co-accused - Contraband was recovered from co-accused - No evidence on record even prima facie showing involvement of accused in any manner in the incident - I.O. did not take any evidence in furtherance of the received information -..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Since no offence u/s 304-A IPC is made out against petitioner, prosecution of petitioner for offence u/s 201 IPC is nothing but clear abuse of process of Court - Charge framed u/s 201 IPC quashed...........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Magistrate can disagree with police report and take cognizance and issue process and summons to accused...........
Criminal Procedure Code, 1973, Section 482, 468 -- Quashing of proceeding - Bar by limitation - Mere delay in completion of proceedings may not be by itself a ground to quash proceedings where offences are serious, but Court having regard to conduct of parties, nature of offence and extent of delay in facts and circumstances of a given case, quash the proceedings in..........
