Arbitration and Conciliation Act, 1996, Section 34, 37, Commercial Courts Act, 2015, Section 13(1), Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10 -- Arbitration award setting aside - Rejection of plaint on ground of jurisdiction - There is no adjudication u/s.34 of Act, 1996 - Special Commercial Court allowed an application..........
Arbitration and Conciliation Act, 1996, Section 2, 14, 20, 31(4), 34, 37, 42 -- Arbitral proceedings - Juridical Seat - Place `D' is specifically designated to be seat of arbitration in arbitration clause between parties - Part of cause of action, however, arise in several place, including where contract is partially to be performed - Proceedings were finally held at place..........
Service -- Retiral benefits - Respondent remained in service of two State Governments and she is alleged to have drawn salary from both the State Governments i.e State of U.P and State of Chhattisgarh for 4 months - Even though respondent's leave application was pending consideration in State of U.P, she on her own went and joined in State of Chhattisgarh and this is..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Period of 2 years of desertion on part of wife had not expired on date of presentation of plaint - Precondition provided u/s 13(1)(ib) of the Act, therefore, was not fulfilled on date of presentation of suit - Subsequent events which have taken place after institution of suit are..........
Lambardar -- Appointment - Discrimination on basis of gender - Commissioner while setting aside appointment of petitioner adversely commented upon motherhood of a woman - Having children has been treated as a taboo and has been taken a ground for holding petitioner ineligible for post of lambardar - Order of Commissioner set aside - Order of Collector upheld...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320(6) -- Dishonour of cheque - Compounding of offence - Compromise between parties - Conviction set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount as interim compensation - Bank cannot oppose the petition and if he opposed it, again very obviously petition would have to be allowed in terms of applicability of S.143-A of the Act - Order directing to pay 20% of cheque amount as interim compensation set..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court allowed second appeal without answering any of substantial question of law - High Court even did not frame proper substantial questions of law - Impugned order of High Court set aside - Matter remanded back to High Court for a fresh disposal...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Claimants were employees of ONGC - Case of claimants that due to delay in sending their claims to LIC pursuant to scheme managed by Trust, they suffered a loss - Scheme is managed and run by a Trust and not by ONGC - There is virtually no privity of contract for providing service between ONGC and claimants - No..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Cognizable offence - Preliminary inquiry before registration of FIR - Scope and ambit of preliminary inquiry being necessary before lodging FIR depends upon facts of each case - There is no set format or manner in which a preliminary inquiry is to be conducted - Objective of same is only to ensure that a criminal..........
