Punjab Distillery Rules, 1932, Rule 101, 101A -- Rule 101-A is proviso to rule 101 - Only extraordinary wastage on account of natural circumstances or otherwise, is left to the discretion of the competent authority which discretion is subject matter of judicial review - It cannot be said that scale of wastage fixed by incorporation of rule 101-A is arbitrary or illegal -..........
Arbitration and Conciliation Act, 1996, Section 34, 36 -- Arbitration award - Execution of award - Arbitrator held debtor liable for loan amount - High Court, in execution of award, ordered attachment of several properties of debtor - On objection by third party claiming himself to be the owner of the property - High Court restrained creditor from taking any steps to..........
Shopkeepers insurance policy -- Insurance claim - Repudiation - Removal of heavy steel weighing more than 7 tonnes from the compound of the appellants was only possible by use of force when the chains etc. were removed and lock on the gate put up on the barbed wire fencing of the compound was broken - It was for respondent No. 1 to have placed material on record by way of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Quashing of complaint - Allegations made in complaint, if taken on their face value and as true in their entirety, prima facie constitute commission of an offence u/s 138 of the Act - Accused taking plea that cheque in question is a forged document and was never issued by him - Held, plea of defense of..........
Arbitration Act, 1940, Section 8 -- Arbitrator - Appointment - The word 'matter' referred to in S.8 of the Act indicates the entire subject matter of the suit should be subject matter of arbitration agreement...........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitrator - Appointment - For applicability of S.8 the conditions to be fulfilled are : (a) that there exists an arbitration agreement; (b) that action has been brought to the court by one party to the arbitration agreement against the other party; (c) that the subject matter of the suit is same as the subject matter of..........
Hindu Law -- Joint Family Property - Undivided share of a co-parcener can be a subject matter of sale/transfer, but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds, either by the decree of a Court in a partition suit, or by settlement among the co-sharers...........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Earlier contract allotted to petitioner rescinded and fresh tender floated - Petitioner again granted to petitioner as his was the lowest tender - Respondent proceeded to deduct from the payments of petitioner huge amount pertaining to earlier contract which was rescinded - Petitioner filed..........
Civil Procedure Code, 1908, Section 16, 17, Order 38, Rule 5 -- Attachment before judgment - Money suit - Property sought to be attached need not to be subject matter of the suit claim - Property within or beyond the jurisdiction of Court can be attached...........
Arbitration Act, 1940, Section 20 -- Arbitrator - Contract for work - Liquidated damages - Contractor is liable to pay liquidated damages because of delay and defaults on his part - If the contract can show that the delay was caused in completion of the work because of the delays or negligence or non cooperation or any other fault on the part of employer he may not be..........
