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..........
Family settlement -- Panchayat award in the form of resolution - Document styled as an award is only a memorandum of understanding/family arrangement to be acted upon in future - Such award not creating right in any specific item or asset of the joint family properties - There was no right created in favour of any party - Such document does not require registration...........
Family settlement -- Panchayat award in the form of resolution - Document styled as an award is only a memorandum of understanding/family arrangement to be acted upon in future - Such award was a mere arrangement to divide the properties in future by metes and bounds as distinguished from an actual deed of partition under which there is not only a severance of status but..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff is relying upon further proceedings in Lok Adalat for claiming right and title over some of properties - However, award of Lok Adalat has not been mentioned in the plaint - Lok Adalat award, held, cannot be taken into consideration while dealing an application U.O.7.R.11 CPC -..........
Arbitration Act, 1940, Section 30, 33 -- Arbitral award - Setting aside - Challenge cannot be laid to the award only on the ground that Arbitrator has drawn his own conclusion or failed to appreciate relevant facts - Nor can the Court substitute its own view on the conclusion of law and facts as against those drawn by arbitrator, as if it is sitting in appeal...........
Arbitration Act, 1940, Section 30, 33 -- Arbitral award - Setting aside - Where sole arbitrator was lucid in his reasoning for taking a particular view on the interpretation of terms and conditions of contract between parties and said findings were endorsed by Single Judge, Appellate Court committed error by interfering in said findings by setting aside award - Order of..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Entering into merits of claim is not permissible in exercise of powers u/s 37 of the Act...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Question of jurisdiction of arbitrator dealt by High Court and said objection was overruled by High Court against which no appeal preferred by respondent - It is thus, not open for respondent now to challenge jurisdiction of arbitrator that too in an appeal preferred by claimant...........
