Arbitration and Conciliation Act, 1996 -- Applicability of part-I - Parties excluded the application of Part-I of Act by choosing London as the venue for Arbitration and by making English law applicable to Arbitration - It must also follow that any objection to conduct of Arbitration or Award would also be governed by English law - Award debtor would not be entitled to..........
Tort -- Damages - If damage has resulted from two or three causes, i.e from an act of god as well as negligence act of a party, award of damages can be apportioned to compensate only the injury that can be attributed to negligent act of respondents...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Setting aside of arbitral award - Condonation of delay - All the four awards were sent to the appellant by registered post with A/D and presumption is that he was served unless such presumption is rebutted by the appellant - Even, appellant only denied receiving of copy of the award in..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24, Land Acquisition Act, 1894, Section 4, 6, 17 -- Acquisition of land - Lapse of acquisition proceedings - Possession already taken by authority and residential colony has been set up - Land value not given to owner - No award either under 1894 Act or under..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Land acquisition - Compensation not paid to landowners in terms of award passed in the year 2005 - Stand of Requisition Authority that money is ready with them and it is for land owner to come and receive the payment, is not permissible under law, as..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Final and binding on all parties to dispute - Appeal does not lie against award - However, High Court by invoking provision of Art.227 of Constitution, can interfere such award, if same is passed by overlooking the mandatory provisions of law...........
Legal Services Authorities Act, 1987, Section 21, Hindu Adoptions and Maintenance Act, 1956, Section 9, 10 -- Award of Lok Adalat - Adoption - Mandatory provisions of Ss.9, 10 of the 1956 Act violated while passing of award - Lok Adalat cannot pass award contrary to the provisions of law - Award of Lok Adalat quashed...........
Land Acquisition Act, 1894, Section 11, 16 -- Acquisition of land - Passing of award u/s 11 of Act, by itself would not automatically vest the land with Government, as Collector has to take possession of land and only thereupon land would vest in Government free from all encumbrances...........
Arbitration and Conciliation Act, 1996, Section 36 -- Torts - Arbitral award - Enforcement - Partial Final Award (PFA) - Appellant directed to execute the deed of transfer and assignment of patent in favour of award holder/respondent - Appellant did not commit any default in complying with the direction of said award - If respondent failed to act based on final transfer..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to satisfy the decree passed by Arbitral Tribunal - Complainant already approached the competent Court for Executing the said decree - Mere pendency of execution of arbitral award would not preclude the complainant from availing the remedy u/s 138 of Act - Moreover, cheque that was..........
