Arbitration and Conciliation Act, 1996, Section 5, 37 -- Arbitral award - Appeal - Cross objections - Act is a complete Code - CPC is not applicable - Cross objections not maintainable...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - A person aggrieved by award can file objections u/s 34 of the Act, and if aggrieved on the order passed thereon, can prefer an appeal - Court can set aside the award or deal with the award as provide under the Act - If a corrective measure is thought of, it has to be one in accordance with the..........
Civil Procedure Code, 1908, Section 151, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Suit for recovery of money - Mistake of Court - On compromise for settlement, award of Lok Adalat becomes final - But instead of passing award as per memo, Lok Adalat Committee by mistake took civil dispute as criminal compounding case - Mistake committed is..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Non payment - Liability to pay maintenance is a continuing liability, for which there is no necessity of filing successive applications - Wife can file one application for recovery of amount due for number of months as arrears of maintenance - Magistrate is competent to award imprisonment to husband for more..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance pendente lite - Enhancement - In the instant case, wife claiming maintenance for herself and her minor daughter who is suffering from disease - As per income tax return of husband, income of husband is Rs.1,56,200/- - Award of maintenance pendente lite of Rs.15,000/- p.m. is on higher side - Maintenance reduced..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Award of maintenance pendente lite - Wife claiming maintenance for herself and her minor daughter who is suffering from disease - Plea of husband that free medical treatment is available is not tenable because it is always discretion of parents or minor child or affected person to get suitable treatment of his..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Award of maintenance pendente lite to wife and minor daughter - Alteration - As per income tax return of the husband, income of husband is Rs.1,56,200/- - Award of maintenance pendente lite of Rs.15,000/- p.m. is on higher side - Maintenance reduced to Rs.7,000/-...........
Motor Vehicles Act, 1988, Section 169, Civil Procedure Code, 1908, Order 18, Rule 4 -- Accident - Claim petition - Examination-in-chief on affidavit is permissible at discretion of Tribunal, subject to any objection being raised by defendants, which will require decision thereon by Tribunal - Moreover, cross-examination and re-examination is not permissible on affidavit..........
Motor Vehicles Act, 1988, Section 166 -- Enhancement of Compensation - Death of `Mare' - Post Mortem report showed value of `Mare' to be Rs.32, 000/- as assessed by Veterinary Surgeon, with age of `Mare' given to be 4 1/2 years - Accident took place in 2003 - As per information on internet, an ordinary `Mare' is available for approx. Rs.30,000/- to Rs.40,0000/- as of today..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14(2) -- Arbitral award - Setting aside - Condonation of delay - Delay of 296 days - Plea of petitioner that Project Implementation Unit at Nagpur mistakenly filed petition u/s.34 of the Act in Yavatmal where project was implemented, where Court held that it has no jurisdiction - Petitioner..........
