Arbitration Act, 1940, Section 37, 30, Limitation Act, 1963, Section 18, 19 -- Arbitration award - Time barred claim - Arbitration award in respect of time barred claim is an error apparent on face of award - However, entire award is not liable to be set aside - The part relating to the claims which is validly made before the arbitrator and which are part of the existing..........
Arbitration Act, 1940, Section 30 -- Arbitration award - Misconduct - By awarding more than what was claimed in the claim statement the arbitrator clearly extends its jurisdiction - Arbitrator thus commits a legal misconduct and award to that extent is liable to be set aside...........
Arbitration Act, 1940, Section 29 -- Arbitration award - Interest - Part of award set aside - Interest on decreed amount allowed @ 12% till date of award and @ 6% p.a. subsequently...........
Plot allotment -- Delay - Interest - Award of - Held that rate of interest has to be based on current rate - The respondent held entitled to interest @ 12% instead of 18% as fixed by the Commission...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance u/s 125 Cr.P.C. and maintenance pendente lite u/s 24 Hindu Marriage Act - Claimed and granted under both the provisions - On an application filed for adjustment of maintenance granted under the two provisions of law Court considered the circumstances and held that as the award..........
Medical negligence -- Compensation - At the time of delivery of child services of any Gynaecologist or Asstt. Gynaecologist were not made available - This would certainly amount to deficiency in service - The lack of oxygen led to asphyxia in treatment and damaged the brain of the child - The hospital administration had failed to take due care of the patient and the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount of cheque Rs.1.50 lakhs - Sentence of fine only imposed and that too for Rs.5, 000/- - Held, it is a flee bite sentence - Matter remitted for imposing adequate and appropriate sentence including the award of reasonable amount of compensation...........
Civil Procedure Code, 1908, Section 34 -- Interest - Commercial transaction - Absence of contract between parties as to payment of interest - Award of interest cannot exceed that charged by Nationalised Banks...........
Consumer Protection Act, 1986, Section 2(1),(g) -- Vehicle finance - Delay in payment of instalment - Repossession of the vehicle held to be in order - The award of compensation and cost in these circumstances does not stand to scrutiny and liable to be set aside - Since there was error in refunding the amount direction to return the money by the complainant to the..........
Appeal -- Order to pay interest on principal amount to be paid by insurer to claimant - Non-production of driving license of driver of offending vehicle by appellant (owner of vehicle) at trial - Insurance Co. also served notice U.O.12.R.8 CPC upon appellant to produce license - Negligence on part of appellant resulted into delay in payment of award by insurer -..........
