Arbitration Act, 1940, Section 16 -- Arbitration award - Part of the award remitted to arbitrator - Valid part of award is enforceable even during pendency of adjudication upon the remitted part...........
Arbitration Act, 1940, Section 30 -- Misconduct - If one part of the award is inconsistent with the other and furthermore if in determining the disputes between the parties the arbitrator failed to take into consideration the relevant facts or based his decision on irrelevant factors not germane therefor, the arbitrator must be held to have committed a legal misconduct...........
Land Acquisition Act, 1894, Section 11A, 4, 6 -- Computation of period of limitation of 2 years for making award - From last of the dates of publication of declaration - Expression 'date of publication of declaration' in Section 11 - A - A stage subsequent to Section 6 - Has to be the last of the dates out of three modes of publication ordained by statute - Unless all the..........
Electricity supply -- Machine damaged on account of fall in the voltage - No evidence given of the alleged business loss suffered by the complainant - Award of compensation modified to Rs. 10,000/- from Rs. 25,000/- - Direction issued by the State Commission for providing uninterrupted supply of electrical energy held not sustainable keeping in view the terms of supply of..........
Land Acquisition Act, 1894, Section 11A -- Award - Making of - Limitation - The expression `date of publication of declaration' appearing in Section 11-A a stage subsequent to Section 6, answering the stipulation `hereinafter' has to be the last of the dates out of the three modes of publication ordained by the statute - In substance the triumvirate modes are cumulative..........
Arbitration Act, 1940, Section 30, 33 -- Role of an arbitrator is to arbitrate within the terms of the contract - If arbitrator travels beyond contract he would be acting without jurisdiction - If arbitrator remains within the parameter of the contract then award cannot be questioned on the ground that it contains an error apparent on the face of the record...........
Arbitration Act, 1940, Section 14, 15, 16, 30, 33 -- Arbitration award - Made rule of Court - Works contract containing arbitration agreement - Disputes and differences - Award of Rs.18,97,729.37 with interest in favour of contractor who accepted the final bill - Does not mean that contractor is not entitled to raise any claim - It is not case of appellant that while..........
Land Acquisition Act, 1894, Section 11(1) -- First Proviso - Prior approval of State Government before award made by Land Acquisition Collector - Necessary - Even though approval of Government sought before pronouncing award but required approval not conveyed by competent authority and award pronounced without such approval - Violative of First Proviso to Section 11 -..........
Land Acquisition Act, 1894, Section 11(1) -- First Proviso - Contemplates prior approval of appropriate Government - Necessarily means that Government must apply its mind on the issue of passing the award and convey its nod to Land Acquisition Collector before the award is announced - Approval of Government after pronouncement of award - Not valid...........
Land Acquisition Act, 1894, Section 11A -- Award pronounced after 2 years from date of publication of notification under Section 6 - Ultra vires Section 11 - A - Quashed - Constitution of India, Article 226...........
