Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings u/s 138 of N.I.Act are not recovery proceedings and in a given case Criminal Court may only award sentence of imprisonment...........
Arbitration Act, 1940, Section 30 -- Arbitral award - Work contract - Claim for price escalation - Board allowed completion of contract even beyond formal extended date - Provision of price escalation would not bind the claimant beyond scheduled date of completion - Having allowed the claimant to carry out the work much beyond the formal extended date, respondent cannot..........
Arbitration Act, 1940, Section 30 -- Arbitral award - Work contract - Claim for idling charges for machinery and labour - Contributory delay - Once aspect of contributory delay was present, it has to be taken in consideration in assessment of damages - Arbitrator awarded the claim of idling charges after taking into account the delay on the part of both the parties - Award..........
Arbitration Act, 1940, Section 29 -- Award of interest - Pre-reference interest - Contract in question contains no bar or prohibition against award of pre-reference interest - Claimants held, entitled to interest for the pre-reference period...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of six cheques - Cheques issued in consequence of OCC/OD limit of Rs.50 lakhs availed by accused from complainant bank which makes a legally enforceable liability qua accused - Cheques and demand notices issued on different dates constituting separate cause of action - It does not form one single transaction rather..........
Civil Procedure Code, 1908, Section 34 -- Interest pendente lite - Hand loan - Grant of interest pendente lite is within discretion of Court and its grant is not limited only to commercial transactions - Award of interest at the rate of six per cent per annum from the date of suit till its realisation - No interference warranted...........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Challenge as to - Proper remedy available to aggrieved party is to either file writ petition u/s 226 and/or 227 of Constitution to challenge the award passed by Lok Adalat - Party has no right to file appeal as award passed by Lok Adalat is final and binding...........
Contempt of Courts Act, 1971, Section 2(b) -- Civil Contempt - Wilful disobedience of Court order - Non-implementation/partial implementation of Majithia Wage Board Award regarding classification of various newspaper establishments - Default alleged has taken place on account of a wrong understanding of Award as upheld by Supreme Court - Moreover, default alleged though is..........
Service -- Newspaper employees - Majithia Wage Board Award - Wages notified and approved by Central Government under the award superseding all existing contracts governing wages as may be in force - However, Legislature made it clear by incorporating S.16 of the Working Journalists and Other Newspaper Employees and Miscellaneous Provisions Act, that notwithstanding the..........
Land Acquisition Act, 1894, Section 23(IA), Mizo District (Agricultural Land) Act, 1963, Section 4, 11, Mizo District (Agricultural Land) Rules, 1971, Rule 2, 4 -- Acquisition of land - Additional interest on compensation - Grant of - Government owner of land - Claimants/respondent nos.1 to 4 are only allotment holder of land for agricultural purpose for limited periods..........
