Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Land acquisition proceedings - Appellant by way of additional evidence sought to bring on record the sale deeds and certified copy of judgment and award passed by Reference Court - Sale deed in question according to appellant has direct bearing on determination of fair market value of..........
Arbitration and Conciliation Act, 1996, Section 34 -- Execution petition - Contempt of court - The jurisdiction of a Court under the Act, would not cease, is executable under law, even without having recourse to contempt proceedings - There is an award passed by the Arbitrator to punish the respondents under the Contempt of Courts Act, 1971 for wilful disobedience of the..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Execution - Stipulation to pay interest @ Rs.18% per annum contained in award cannot by itself be said to be unreasonable - It cannot be said that award put in execution is opposed to public policy, illegal or vitiated by fraud...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Where award is set aside u/s 34 of the Act on whatever grounds available u/s 34 of the Act, parties in that case can still agree for fresh arbitration may be by same arbitrator...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Once parties agreed to set aside award and to remit the matter to Sole arbitrator for fresh reasoned award and order was passed on consent, thereafter it was not open for petitioner to contend that matter may not be and/or ought not to have been remanded to same sole arbitrator...........
Industrial Disputes Act, 1947, Section 33(C)(2) -- Scope - In an application u/s 33(C)(2) of the Act, Labour Court has no jurisdiction and cannot adjudicate dispute of entitlement or the basis of claim of workmen - It can only interpret the award or settlement on which the claim is based - Labour Court's jurisdiction u/s 33(C)(2) of the Act is like that of an executing..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was 19 years of age and studying in Class XII - Tribunal awarded compensation of Rs.6.01 lakhs which is already paid - High Court not justified in awarding compensation of Rs.1.87 lakhs - The amount of Rs.6.01 lakhs would have been reduced in view of cited judgments but award of Tribunal not..........
Service -- Freedom fighter' pension - Respondent not filed his claim promptly, as he claimed pension in 1982, whereas Freedom Fighter's Pension Scheme existed in the year 1972 amended in 1980 - Under the Scheme a person is eligible for benefit only if he remained underground for more than 6 months provided he was a proclaimed offender (PO) - There is no order by which..........
Land Acquisition Act, 1894, Section 28A, Legal Services Authorities Act, 1987, Section 20 -- Award by Lok Adalat - Re-determination of compensation u/s 28A of the Act, 1894 - Jurisdiction of Court - Held, the award passed by Lok Adalat becomes a decree - The enhancement of the compensation is determined purely on the basis of compromise which is arrived at and not as a..........
Arbitration -- Award - Jurisdiction - Enhancement of the lease rent - Where a contractual provision is ambiguous or is capable of being interpreted in more ways than one, the Court cannot interfere with the arbitral award - Thus, Arbitral Tribunal, or for that matter, the Court cannot alter the terms and conditions of a valid contract executed between the parties with..........
