Arbitration and Conciliation Act, 1996, Section 8, 11 -- Applications u/ss 8, 11 of the Act - Prima facie satisfaction recorded by High Court regarding doubtful existence of arbitration agreement is a relevant consideration while examining applications u/ss 8, 11 of the Act...........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Supervisory jurisdiction of High Court u/art 227 of Constitution is not an appellate jurisdiction in disguise and it does not permit re-appreciation of evidence...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Charge-sheet i.e. police report u/s 173(2) Cr.P.C. has been submitted after investigation and High Court did not have an occasion to consider police report/charge-sheet and materials placed along with it while considering application u/s 482 Cr.P.C. - Ends of justice would be subserved if proceedings before..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - S.24 CPC confers a wide and discretionary jurisdiction upon High Court and District Court to transfer or withdraw any suit, appeal or other proceeding at any stage either on application of any of parties or even suo motu...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Consensual transfer - When transfer is sought and is not opposed and Court finds no legal impediment, such transfer would clearly sub-serve ends of justice - Requirement of recording reasons is sufficiently met by noting consent of parties coupled with Court's satisfaction regarding propriety of transfer...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Husband does not wish to oppose transfer application - Nothing in provision S.24 CPC prohibits Court from ordering transfer where both parties agree or where opposite party raises no objection - Application allowed with directions...........
Constitution of India, 1950, Article 226, Rules of High Court of Kerala, 1971, Rule 154 -- Writ petition - Marking of documents with description is necessary in statement of facts or in the grounds of writ petition...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement of - Deceased aged about 29 years at the time of accident, LL.M. graduate and was practicing as an Advocate - Considering his age, his advanced academic qualifications, professional standing as a practicing advocate and loss of future income suffered by dependents, additional lump sum of Rs.10..........
Indian Penal Code, 1860, Section 366A, 376(2), 354A(1)(i)(2), (D), Protection of Children from Sexual Offences Act, 2012, Section 4, 7, 8, 11(iii), 12 -- Kidnapping and rape - Victim admits that she is aged about 18 years - She has not stated anything about subjecting her for forcible sexual act and evidence of father of victim is nothing but hearsay - There is no medical..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - Civil Court can entertain application u/s 29-A for extension of time of an arbitral tribunal if High Court u/s 11(6) of the Act has appointed arbitrator...........
