Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Law as to : (i) Cases involving criminal offence not fit to be referred to mediation ; (ii) case u/s 138 of NI Act can be referred to mediation if parties are interested in referring the matter for mediation; (iii) it can be done only for the limited purpose of arriving at a settlement..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20 -- Domestic violence - Relatives of husband - No specific allegations as to how relatives of husband have caused acts of domestic violence - It is also not known as to how other relatives who are residents of Gujarat and Rajasthan can be held responsible for award of monetary relief to wife - As there..........
Legal Services Authorities Act, 1987, Section 20 -- Award of Lok Adalat - Dishonour of cheque - Case referred to Lok Adalat - Lok Adalat passed award relating to cheque referred which was referred alongwith a cheque which was not referred to it by District Legal Services Authority or Taluk Legal Services Committee - Lok Adalat, thus had no jurisdiction to consider the..........
Motor Vehicles Act, 1988, Section 170, 166 -- Appeal against award - Maintainability - Appellant/owner of offending vehicle for the first time before this Court raising contention that eye-witness had turned hostile and so claim petition itself was not maintainable - Said eye-witness not confronted - Vehicle being driven in rash & negligent manner proved by witness -..........
Civil Procedure Code, 1908, Section 60(ccc) -- Protection u/s 60(ccc) CPC - Shall not be applicable with respect to the award passed by MACT as there are express provisions under Motor Vehicle Act itself...........
Industrial Disputes Act, 1947, Section 11A -- Re-instatement with 25% back wages - Labour Court awarded reinstatement to appellant with 25% back wages, continuity of service would follow as a matter of law - Observation of High Court that Labour Court denied continuity of service erroneous - As regarding award of 25% back wages by Labour Court, as appellant was gainfully..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Award of a meager amount of Rs.1500/- per month as maintenance allowance and Rs.7,000/- per month as litigation expenses - Maintenance awarded cannot be said to be on higher side or excessive - Order calls for no interference...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Enhancement of - Claimants contended that since there is amendment to 2nd Schedule of the Act, they are entitled to fixed amount of Rs.5 lakhs as compensation - However accident took place in the year 2006 and award passed by Tribunal in 2009 - Even order passed by High Court was much prior to amendment in..........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 36, 34 -- Jurisdiction of Civil Court - Objection against execution of arbitral award - There is no scope for entertaining objection involving execution proceeding particularly in absence of challenge to arbitral award u/S. 34 of the Act...........
Matrimonial litigation -- Furnishing of affidavit of assets, income and expenditure - Directions issued to Family Courts in the States of Punjab, Haryana and Union Territory of Chandigarh and also to all Courts handling matrimonial litigation in the said states that : (i) Courts shall insist upon parties to furnish "Affidavit of assets, income and expenditure" in given..........
