Arbitration and Conciliation Act, 1996, Section 14, 11, 12(5), 15 -- Termination of mandate of Arbitrator and appointment of a new arbitrator - Earlier Arbitral Tribunal lost its mandate by operation of law in view of S.12(5) read with Seventh Schedule of the Act - Fresh Arbitrator has to be appointed under the provisions of Arbitration Act...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Recovery suit - Substantial questions raised are only pertaining to appreciation of evidence on record - Findings of first appellate Court dismissing suit based on the admissions of PW2 are not perverse - There is thus, no substantial question of law involved in the appeal - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Period of limitation for an application U.O.21.R.90 CPC is 60 days as per Art.127 of Limitation Act - Application filed beyond period of 60 days is barred by law, particularly when sufficient documents were not produced by petitioner before executing Court in order to prove his inability for..........
Mohammedan Law -- Restitution of conjugal rights - If Court after a review of evidence feels that circumstances reveal that husband has been guilty of unnecessary harassment caused to his wife or of such conduct as to make it inequitable for Court to compel his wife to live with him, it will refuse the relief of restitution of conjugal rights...........
Mohammedan Law -- Restitution of conjugal rights - Husband has no fundamental right to compel wife to share his consortium with another woman in all circumstances...........
Indian Penal Code, 1860, Section 304B, 201, 34 -- Dowry death - Allegation against mother-in-law - Omnibus allegations made against A-3 with respect to dowry demands - No specific allegations, specific evidence or testimony against A-3 - Guilt of A-3 not proved - A-3 acquitted...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 118 -- Cruelty to woman - Husband and mother-in-law treated deceased with cruelty and harassed her for dowry resulting in her suicide by drowning herself in pond - Parents, uncle and neighbour of mother of deceased deposed that she told them about cruelty with demand of money - Married woman does not..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Non payment of misappropriated money - Report of ADG CID - Same not disputed - Opportunity to file objections to the report not granted - Non objection to the report does not mean that liability to pay the amount is admitted - Moreover, even assuming that in the judgment there is a direction to pay money but..........
Banking law -- Borrower - One Time Settlement (OTS) - Grant of benefit of OTS Scheme cannot be prayed as a matter of right and same is subject to fulfilling the eligibility criteria mentioned in the scheme...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Statement of accused clearly reveals that he has not denied issuance of cheque and his signature thereupon, rather, his simple defence is that cheque in question was issued to one `R', his son-in-law, who was to further hand over cheque to someone from whom he had taken Rs.25,000/- - There..........
