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..........
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...........
