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..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Arbitral tribunal awarded claims to respondent claimant after considering the facts of case - Assessment made by Arbitral Tribunal as affirmed by High Court was definitely within its jurisdiction - Construction of terms of a contract is primarily for an Arbitrator or..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Acquisition of land - Award regarding acquisition of land belonging to appellant was passed - However, appellant has not been dispossessed till date and possession is still retained by him - Appellant is entitled for protection u/s 24(2) of Act -..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 151 -- Setting aside of arbitral award - Condonation of delay - Delay of 159 in re-filing petition - As per S.34(3) of the Act after expiry of 30 days after statutory period of three months, delay of even one day cannot be condoned - Moreover, S.151 CPC cannot be used as tool to..........
Land Acquisition (Amendment) Act, 1984, Section 15, 30(2), Land Acquisition Act, 1894, Section 23(2) - - Applicability of amended provision as to 30% solatium and 15% interest on the amounts due in pending cases and any award made between 30.4.1982 to 24.9.1984 - As there is no conflict with regard to S.30(2) of Amendment Act, therefore, claimants are entitled to solatium..........
