Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - One of the defendants not party to arbitration agreement - It cannot be said that merely because one of the defendants was not party to the arbitration agreement, the dispute between the parties which essentially relates to the benefits arising out of Retirement Deed and Partnership deed cannot..........
Arbitration and Conciliation Act, 1996, Section 8(2), (14) -- Reference of dispute to arbitration - Arbitration clause - Application not accompanied with document containing arbitration clause - Once execution of document is admitted and it contains arbitration clause as set out in clause 14, production of original or certified copy of said reconstitution deed is wholly..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitration - Arbitration clause - Suit for perpetual injunction - Plaintiff seeking injunction for restraining defendant from entering in suit schedule property - In the instant case, there was reconstitution deed between plaintiff firm and defendant, in which defendant is claiming to be partner..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder of wife by husband - Testimony of 6 years old child witness - Deceased suffered extensive injuries prior to her death - However, no evidence on record as to how deceased suffered injuries, despite presence of child PW16 in the room where murder took place - Mere reference of child to `quarrel'..........
Specific Relief Act, 1963, Section 26 -- Rectification of decree - By incorporating boundaries and extent of property agreed to be conveyed - Where property is not described with reference to boundaries at all in suit agreement and only extent is specified, there is no scope for any ambiguity in the identification of property covered by agreement for it to be followed up..........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording of statement of witnesses - Does not necessarily discredit their testimony, if they are cogent and credible and delay is explained to the satisfaction of Court - In the instant case, there was a delay of 15-16 days from the date of incident in recording the statements of PW3 and PW9 - Same was sought to be..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Injunction decree - Violation of decree - Plaintiff not specified any particular incident with reference to date, time and manner of occurrence in the petition - Cause of action for filing petition U.O.21.R.32 CPC cannot be advanced - Merely because defendant stated in his cross-examination that he was not bound..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitrator - Where there are serious allegations of fraud, they are to be treated as no, arbitrable and it is only civil Court which should decide such matters - However, where there are allegations of fraud simplicitor and such allegations are merely alleged, it may not be necessary to nullify the effect of..........
Arbitration and Conciliation Act, 1996, Section 8, 16 -- Reference to arbitrator - Allegations of criminal wrong doing or of statutory violation would not detract from jurisdiction of arbitral tribunal to resolve a dispute arising out of a civil or contractual relationship on the basis of jurisdiction conferred by arbitration agreement...........
Land Acquisition Act, 1894, Section 28 -- Compensation - Enhancement - Interest on excess amount of compensation - As per S.28 of the Act, claimants are entitled to interest @ 9% for the first year from the date of taking of possession till date of payment but awarding interest @ 15% after the expiry of one year is the discretion of Court - In the instant case, acquiring..........
