Arbitration Act, 1940, Section 30, 33 -- Liquidated damages - Clause in agreement - Held, once the arbitrator held that that clause of the contract was not applicable on the facts and circumstances, then there can be no question of any liquidated damages...........
Arbitration Act, 1940, Section 30, 33 -- Arbitration award - Setting aside - (i) In a case where an arbitrator travels beyond the contract, the award would be without jurisdiction and would amount to legal misconduct and because of which the award would become amenable for being set aside by a Court; (ii) An error relatable to interpretation of the contract by an..........
Motive -- Fact that there are two eye witnesses of the occurrence, the question of motive pales into insignificance...........
Consumer Protection Act, 1986, Section 2(1)(d) , 2(1)(e) -- Consumer - Consumer dispute - GP Fund - Non - payment of - GPF is opened for a Government servant, for whom it is compulsory to subscribe to the fund - No question of hiring of service get involved between the employee and the Government - GPF is maintained under the provisions of the Provident Fund Act, 1925 or..........
Punjab Ayurvedic (Group 'A') Service Rules, 2008, Rule 5(3), Punjab Civil Services ( General & Common Conditions of Service) Rules, 1994, Rule 18(1)(b) -- Promotion - Seniority - cum - Merit - Statutory rules - Executive instructions - Provisions of Rules provide for promotion by way of seniority - cum - merit - Promotion given to junior on the basis of executive..........
Criminal Procedure Code, 1973, Section 218, 223 -- Joint trial - Cases registered for the offences indictable u/s 120-B r/w Ss.420, 467, 468, 471 of IPC and Section 13 of Prevention of Corruption Act - Second FIR registered on same set of facts - Trials relating to both the cases pending in the same court - Material on record do not suggest that offences as alleged have..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Recovery effected from right side pocket of shirt - PW Amandeep Singh in cross examination stated that 'It is correct that accused never demanded any illegal gratification from the accused nor same was recovered from accused in my presence' - Three other PWs are in unison on the point of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Question of title may arise even in a suit for injunction relating to possession...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Impleading of L.R's - Courts are not required to delve into the question of title - Court is only required to see whether the person sought to be substituted has any right or whether he is the legal representative of the heirs, as defined under Section 2(11) CPC...........
Transfer of Property Act, 1882, Section 53A -- Part performance - When there is no agreement to transfer property for consideration then question of part performance of agreement does not arise...........
