Arbitration and Conciliation Act, 1996, Section 37 -- Jurisdiction - Issues are whether there was a breach committed by L&T as held by the Arbitral Tribunal, and the second question is whether, if the finding of breach committed by L&T is upheld, the finding of the Arbitral Tribunal regarding damages can be revived - what cannot be done in the exercise of the powers under..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Points for determination - Provision of O.41.R.31 CPC should be reasonably construed and should be held to require the various particulars to be mentioned in the judgment only when appellant has actually raised certain points for determination by appellate Court and not when no such points are raised...........
Civil Procedure Code, 1908, Order 41, Rule 30 -- First appeal - Pronouncement of judgment - O.41.R.30 CPC does not make it incumbent on appellate Court to refer to any part of proceedings in the Court from whose decree appeal is preferred - Appellate Court can refer after hearing parties and their pleaders to any part of these proceedings to which reference be considered..........
Civil Procedure Code, 1908, Section 151 -- Correction of appellate decree - Clerical mistake - Mistake in the decree corrected vide impugned order is a clerical mistake - There is no imposing a new or additional liability on the petitioner by correction in the decree - Decree is drawn in terms of judgment, operative part - Appeal of appellant was dismissed with costs, so..........
Insolvency and Bankruptcy Code, 2016, Section 61 -- Appeal - Limitation - Commencement - Incident which triggers limitation to commence is date of pronouncement of order and in case of non-pronouncement of order when the hearing concludes, date on which order is pronounced or uploaded on website - However, where judgment was pronounced in open Court, period of limitation..........
Family Courts Act, 1984, Section 19 -- Appeal - Maintainability - If any order passed by Family Court decides any question between the parties which directly affects the decision in the main case or which finally decides any collateral issue in perpetuity, it would be a judgment or order which is appealable - But if an order, though deciding an issue between the parties..........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Offence u/ss 376(2)(f), 376(2)(i) IPC and Ss.3, 4 of POCSO Act - Sections of IPC provides for a higher sentence as compared to Ss.3, 4 of POCSO Act - Trial Court was justified in choosing the former to award punishment in terms of S.42 of POCSO..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Concurrent findings of Courts below as to relationship of landlord and tenant - This is a finding of fact which could not be disturbed by Court in Second Appeal, as it was not open for Court to examine evidence assuming First Appeal jurisdiction, unless findings returned were perverse - Judgment of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Law as to: (i) A judgment is open to review inter alia if there is a mistake or an error apparent on face of record; (ii) A judgment pronounced by Court is final, and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do so; (iii) An error..........
Limitation Act, 1963, Article 136 -- Decree - Execution - Appeal filed against judgment and decree - There was no stay during pendency of appeal - Appeal dismissed in default - Lower Court decree continues to be enforceable - Limitation for filing execution of decree is 12 years - Time from which period begins to run is when decree or order becomes enforceable - Execution..........
