Employee's Compensation Act, 1923, Section 30 -- Appeal - Accident during course of employment - Award of compensation by Compensation Commissioner - Appeal thereagainst - An appeal against said award is maintainable only on substantial question of law in terms of S.30 of the Act - Setting aside of award by High Court on wholly untenable ground of lack of territorial..........
Arbitration and Conciliation Act, 1996, Section 34(2A), 37 -- Arbitral award - Setting aside - Grounds available for setting side an award u/s 34(2-A) of the Act, can be invoked by Court on its own, in exercise of jurisdiction vested in it u/s 37 of the Act...........
Arbitration and Conciliation Act, 1996, Section 34(2A), 28(3) -- Arbitral award - Setting aside - Patent illegality - Sole Arbitrator failed to decide the matter in accordance with terms of contract governing parties, which would certainly attract "patent illegality ground" - Said oversight amounts to gross contravention of S.28(3) of the Act - Arbitral award held, set..........
Agreement to sell -- Specific performance - Readiness and willingness - Concurrent findings of trial Court and first appellate Court - High Court in second appeal ought not to have interfered with such findings of fact unless such findings are found to be perverse - Since findings recorded cannot be said to be perverse and/or contrary to evidence on record, High Court..........
Arbitration and Conciliation Act, 1996, Section 34, Micro Small and Medium Enterprises Development Act, 2006, Section 19 -- Arbitration award - Setting aside - Parties governed by provisions of MSME Act - Requirement of pre-deposit of 75% of amount in terms of award at the time/before entertaining application for setting aside award is mandatory - However, considering..........
Eviction petition -- Exparte decree - Setting aside - Delay of 175 days - As per material on record delay of 175 days was bonafide and has been satisfactorily explained - Delay condoned - Matter remitted back to Rent Controller to hear parties on merits...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant no.1 specifically stated that she happens to be a resident of Canada and plaintiff had not given her correct address of country, resultantly she was never served in that case - There is not much delay in filing application for setting aside ex parte decree - Ex parte decree rightly..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9(5) -- Ex parte decree - Setting aside - Summons issued by registered post received back with postal endorsement of refusal - As per O.5.R.9(5) if defendant or his agent refuses to take delivery of postal article containing summons, Court issuing summons shall declare that summons had..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9(5) -- Ex parte decree - Setting aside - Summons issued by registered post received back with postal endorsement of refusal - As per O.5.R.9(5) if defendant or his agent refuses to take delivery of postal article containing summons, Court issuing summons shall declare that summons had..........
Industrial Disputes Act, 1947, Section 11A -- Dismissal from service - Power of Tribunal to interfere in findings recorded in domestic enquiry - Tribunal only revisited evidence in toto but has proceeded on assumption that management has to prove charges beyond reasonable doubt - However, findings of enquiry officer unless perverse cannot be interfered by Tribunal -..........
