Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Work contract - Tribunal though dealt with claims separately under different sub headings, but award is confusing and has jumbled contention, facts and reasoning without appropriate distinction - From perusal of award, inadequate reasoning and basing award on approval of respondent..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Plea of tenant, that landlord has sufficient accommodation remained in possession of landlord and if she really had personal requirement she could have started her business in that portion - Plea held, not tenable - Even if landlord has alternative accommodation, even..........
Mohammedan Law -- Gift deed - Registered gift deed in favour of respondent prior in time to sale deed executed in favour of petitioners relating to same property without setting aside said gift deed - Execution of said sale deed by executor of gift deed is beyond his capacity to execute - Gift deed is genuine document and thus, valid - Petitioners are open to assail deed..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Neither defendant nor his counsel attending hearing of case - No sufficient reason explained as to what prevented defendant from attending hearing of civil suit and if he did not appear then as to why his counsel also remained absent in those proceedings - Defendant acted in a manner to..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Appeal against an ex-parte decree dismissed - No direction issued by Appellate Court directing plaintiff to avail remedy of an application U.O.9.R.13 CPC - Remedy of an application U.O.9.R.13 CPC is thus, clearly barred by O.9.R.13 Proviso CPC...........
Arbitration and Conciliation Act, 1996, Section 34, 37, Commercial Courts Act, 2015, Section 13(1), Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10 -- Arbitration award setting aside - Rejection of plaint on ground of jurisdiction - There is no adjudication u/s.34 of Act, 1996 - Special Commercial Court allowed an application..........
Lambardar -- Appointment - Discrimination on basis of gender - Commissioner while setting aside appointment of petitioner adversely commented upon motherhood of a woman - Having children has been treated as a taboo and has been taken a ground for holding petitioner ineligible for post of lambardar - Order of Commissioner set aside - Order of Collector upheld...........
Arbitration and Conciliation Act, 1996, Section 16(5) -- Competence of Arbitral Tribunal - Jurisdiction - Objections filed by a party u/ss 16(2) & 16(3) of the Act overruled by Arbitral Tribunal - Would mean that Tribunal as per its ruling would have jurisdiction to adjudicate dispute referred to it or that it has not exceeded scope of its authority - In both eventualities..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction petition - Bonafide requirement - Landlord specifically stated that there is no other vacant shop for setting up business for his son - Therefore, it cannot be said that landlord did not mention or state in his pleadings about having any other property - Tenant was not be able to show either by way..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendant/State of U.P though was tardy and could not ensure timely appearance, yet when concerned officials were made aware of pendency of suit and ex parte order, prompt steps were taken - Even plaintiff sought an adjournments at least on two occasions - In such circumstances, it cannot be..........
