Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - Claim related to loss of profit, profitability or opportunities to succeed - Conditions to be satisfied are : (i) There was delay in completion of contract; (ii) such delay is not attributable to the claimant; (iii) the claimant's status as an established contractor, handling substantial projects;..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Evidence produced by accused has no bearing on the merits of case - Accused even cannot deny the fact that though defence evidence was closed by trial Court but revisional Court granted three opportunities to accused to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Record sought to be produced by petitioner was very much in the knowledge of petitioner since beginning - But despite having availed numerous opportunities, he did not make any endeavour to bring the same on record -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings before trial Court are at fag end and plaintiff has already concluded her entire evidence while defence evidence is midstream - Defendants in main suit have already availed 10 opportunities and are also in the process of completion of their evidence - Even, proceedings under..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of expert - Plaintiff had availed of a number of opportunities for leading evidence and thereafter closed evidence voluntarily - Discretion exercised by Trial Court in dismissing application, is in a very judicious manner - No interference warranted - Application rightly rejected...........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence of plaintiff - Five opportunities were granted to plaintiff by Trial Court in a hurried manner in one month's time - Matter got delayed due to filing of application U.O.7.R.11 CPC by defendant - Application allowed subject to payment of cost of Rs.10,000/-...........
Evidence Act, 1872, Section 114 -- Adverse inference - Suit for declaration and permanent injunction - Plaintiff himself not appeared in witness box to testify in support of plaint - Power of attorney holder of plaintiff has not even produced original Power of Attorney on record despite being afforded opportunities to produce the same - Photocopy of power of attorney..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Six opportunities were given to petitioner for producing defence evidence - However, having failed to avail such opportunities, right of petitioner was closed - Application filed at the appellate stage after taking 26 adjournments - Highly belated application appears to be instrument to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Case of plaintiff is that defendants are interfering in his possession of suit land - Onus of same is upon plaintiff to lead cogent evidence and prove his case - Said onus cannot be done away with by preferring an application U.O.26.R.9 CPC - Moreover, three opportunities were granted to..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Repeated opportunities had already granted to plaintiff to adduce evidence - Plaintiff on the ground of sickness of his counsel, cannot be repeatedly allowed to take adjournments in the case - Application however, allowed in the interest of justice with costs of Rs.10,000/-...........
