Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3, 4, Indian Penal Code, 1860, Section 398, 307, 34, Arms Act, 1959, Section 3, 25 -- Attack on police station by a large group of naxalities - Sentence of life imprisonment - Leniency - Keeping in view gravity of offence and fact that such a large group of persons attacked police station such activities..........
Constitution of India, 1950, Article 226 -- Judicial review - Contracts - Held that despite wide power of judicial review under Article 226 of the Constitution, the Courts are slow to interfere in matters, unless the decision making process is tainted by illegality, irrationality or lack of fairness in procedure - The Court is more concerned with the decision making..........
Land Acquisition Act, 1894, Section 18 -- Land Acquisition - Reference - Limitation - Computation - Limitation under later part of S.18(2)(b) of the Act has to be computed having regard to the date of which claimant got knowledge of the declaration of award either actual or constructive - Provision of S.18(2)(b) is applicable only when applicant was not present or..........
Land Acquisition Act, 1894, Section 11 -- Lessee - Land Acquisition Officer held that it is only the owner and not lessee who is entitled to compensation - This amounts to an award - Aggrieved person can seek reference u/s 18 of the Act - It cannot be held that no award as envisaged by S.11 of the Act was declared - In case application u/s 18 of the Act is not filed within..........
Land Acquisition Act, 1894, Section 18 -- Reference - Limitation - Appellant had notice u/s 12(2) of the Act - Limitation starts to run from the date of receipt of notice and not from the date of knowledge of the award...........
Civil Procedure Code, 1908, Section 34 -- Interest - Arbitration award - Arbitrator awarded interest @ 12% and the same reduced by District Judge to 9% - It is discretion of Arbitrator to award interest and this power can be exercised analogous to S.34 CPC - Held, when arbitrator exercised his discretion in allowing pendente lite interest @ 12% the same cannot be reduced..........
Civil Procedure Code, 1908, Section 11 -- Dispute - Referred to arbitrator - Award - Challenge regarding same suit by way of separate suit subsequent to the award - Barred by principles of resjudicata...........
Constitution of India, 1950, Article 226 -- Judicial review - Contract -Government contract - Bid of Respondent No.4 declared invalid due to its being filled up in lead pencil - At the same time all the three tenderers were asked to submit revised bias keeping in view the urgency of the matter -impugned decision to award the work to respondent No.4 held not unreasonable or..........
Arbitration Act, 1940, Section 17, 30 -- Arbitration award - Non speaking award - Sustainability - It is not obligatory on the part of the Arbitrator or Umpire to record reasons in support of the award when neither arbitration agreement nor any deed of submissions required reasons to be recorded - In absence of such requirement under the agreement itself, the party cannot..........
Arbitration matter - - Principles of natural justice - Applicability of - Principle applies to Administrative Law and in the public law field - They would not get attracted in the field of private law - The court, in such matters, does not exercise appellate jurisdiction and cannot substitute its decision for the decision of the Arbitrator - Those principles have no place..........
