Civil Procedure Code, 1908, Section 47 -- Arbitration award - Execution - Relief of eviction and compensation not granted - D.H. did not challenge the award - In absence of any challenge to award at the instance of DH, such lacunae cannot be patched up by introducing prayers by way of execution, which were not granted in award itself - Executing Court exceeded its..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband in order to deprive wife from residential accommodation transferred his property in the name of his father - Act of husband needs to be deprecated out rightly - Argument that husband has no income at all cannot be accepted, more particularly when he is an MBBS doctor by..........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 5 -- Accident - Claim petition - Condonation of delay of 66 days - Dismissal of petition for delay in filing - Claimants stating that there was no responsible person to take action against award of Tribunal as they were widow and minor children of deceased - Also Tribunal passed award without examination..........
Civil Procedure Code, 1908, Order 41, Rule 27, Motor Vehicles Act, 1988, Section 166 -- Additional evidence at appellate stage - Accident - At a very belatedly stage, insurance company wants to avoid its liability to pay compensation coming up with a plea that respondent No.1 was not having a valid and effective during licence at the time of accident, which was available..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Award based on little evidence or on evidence which does not measure up in quality to a trained legal mind would not be held to be invalid on this score...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Agreement regarding supply of coal - Claim of price adjustments/escalation - Arbitrator after interpreting various clauses of contract decided the claim in favour of appellant - High Court exceeded its jurisdiction in interfering with award passed by arbitrator on the ground that it was..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Agreement regarding supply of coal - Claim as to fixed costs - Except CA's certificate, no further evidence led with respect to actual loss - However, in the relevant year quantity of coal lifted by respondent was much above the fixed quantity - Award passed by arbitrator with respect to..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Agreement regarding supply of coal - Claim as to amount lying in escrow account - Escrow account required to be opened for preparation of mine closure plant - Object and purpose of opening escrow account was to see that appellant company fulfills contract as per agreement and till..........
Consumer Protection Act, 1986, Section 23 -- Flat - Delay in handing over possession - For such delay consumer is entitled to consequences agreed at the time of executing buyer's agreement - There cannot be multiple heads to grant of damages and interest when parties have agreed for payment of damages @ Rs.10 per sq. ft p.m - Once parties agreed for a particular..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - No regular source of income of husband - However husband earning from music programmes and also helping his father economically - Award of maintenance of Rs.4000/- per month not excessive in the present scenario...........
