Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market value of wet land, dry land and chira land - Enhancement of - Reference Court awarded Rs.2000% for wet land in earlier round of litigation - High Court committed error by setting aside the order of Reference Court - Keeping in view the nature of land, its surroundings and location and..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Liability of insurer - Pay and recover - Offending vehicle driven negligently due to which door of vehicle suddenly opened and deceased was thrown out of vehicle, as a result of which he died - Driver of offending vehicle had no valid driving licence at the time of accident - Since there was violation of terms of..........
Service -- Armed service - Promotion - Rank of Brigadier - Non-granting of marks for Ph.D degree in consideration for promotion - Amended promotion policy as applicable to case of appellant restricted the eligibility to Ph.D recognized by Medical Council of India (MCI) - No exception can be taken to amendment by which only those Ph.D degrees are eligible for one mark which..........
Service -- Armed service - Promotion to the rank of Brigadier - Consideration - Claim of allocation of marks on the basis of post Graduate training programme - Two year full time training programme to be eligible for award of one mark required to fulfill essential conditions - Certificate issued in said regard does not indicate that appellant completed full time structure..........
Arbitration and Conciliation Act, 1996, Section 34(5)(As -- Arbitration award - Setting aside - Provision of S.34(5) is procedural, the infraction of which leads to no consequence - However, it shall be the endeavour of every Court in which a S.34 application is filed, to stick to the time limit of one year from the date of service of notice to the opposite party by the..........
Arbitration Act, 1940, Section 29 -- Award of interest - Pre-reference and pendente lite interest - Unless there is a clear and express bar to the payment of interest that can be awarded by an arbitrator, clauses which do not refer to claims before the Arbitrators or disputes between parties and clearly bar payment of interest, cannot stand in the way of an arbitrator..........
Arbitration Act, 1940, Section 29 -- Award of interest - Pre-reference and pendente lite interest - Contract - Clause 16 of General conditions of contract only speak of delay in payment and not to any other amounts payable to contractor under the contract - There is nothing in said clause which refers even obliquely to Arbitrator's power to grant interest - Even Clause 16..........
Arbitration Act, 1940, Section 29 -- Award of interest - Pre-reference and pendente lite interest - Civil Judge reduced interest from 18% to 10% as awarded by Arbitrator only on the ground that ONGC is a Public Sector Undertaking - Said ground is not sufficient to reduced interest what was within Arbitrator's discretion - Even, there is no finding that discretion exercised..........
Government Contract -- Breach of dealership agreement - Termination of dealership - Single Judge upheld the respondent's termination letter of dealership and considered it proper to grant liberty to respondent to file a representation to appellant for consideration of his case for restoration of his dealership - Appellant rejected the respondent' representation - Single..........
Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992, Section 2(b) -- Education institution - An education institution must not always be specified by Government by notification - Requirement of specification of notification is only in respect of `any other educational institution or class or classes of educational institutions' - No..........
