Civil Procedure Code, 1908, Section 34 -- Interest - Recovery suit - Commercial transaction - S.34 CPC confers discretionary power upon Court to award interest at appropriate rate on the suit claim...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Divorced wife - Interim maintenance - Wife subjected to an act constituting domestic violence while she was in domestic relationship with the respondent during subsistence of marriage - Held, application is maintainable - Award of Rs.5000/- as interim maintenance against husband whose take home income..........
Land Acquisition Act, 1894, Section 17, 11A -- Acquisition of land - Urgency clause - Delay in passing award - Respondent State denied just and fair compensation to claimant, dispossessed over three decades ago - Acquisition proceedings of 1981 lapsed for no, compliance with the provisions of S.11-A of Act as respondent State failed to pass an Award...........
Land Acquisition Act, 1894, Section 17, 11A -- Acquisition of land - Urgency clause - Delay in passing award - Lapse of acquisition proceedings - Once possession has been taken by State u/s 17 of Act, it is no longer open to State to relinquish or return the land to legal entity who had been dispossessed from it - No interference warranted in the possession of respondent..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 21, Legal Services Authorities Act, 1987, Section 21, Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 12 of Act of 2005 - Matter referred to Lok Adalat - Award passed by Lok Adalat - Award passed by Lok Adalat on a reference made by Criminal Court is deemed to be an order passed by Criminal..........
Arbitration Act, 1940, Section 30, 33 -- Arbitration Award - Setting aside - Non-speaking award - Where award is no, speaking award, it is not permissible for Court to probe into the mental process of Arbitrator especially when Arbitrator rejected major portion of claim made by respondent - Application rightly dismissed...........
Service -- Misconduct - Termination - Slapping colleague - Not a premeditated attack - However, misconduct proved - Both Labour Court as well as High Court recorded concurrent findings of fact that misconduct of appellant was proved on the basis of evidence and that punishment of dismissal was shockingly disproportionate - Award of retrenchment compensation - Enhanced..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Award - Petitioner are in physical possession of land in dispute and compensation has not been paid to them - Notification under Act had lapsed - Submitted that no demand notice claiming relief as claimed in respect of notifications has been filed..........
Motor Vehicles Act, 1988, Section 166, 168 -- Award of compensation - Claimant a 35 year old homemaker rendered 50% permanently disabled due to head injury in accident - Held, claimant entitled for compensation on ground of special diet, attendant charges especially in view of the fact that there is 50% permanent disability due to head injury - Leaving her unable to walk..........
Indian Penal Code, 1860, Section 304(Part II), 148, 149, 54 -- Culpable homicide not amounting to murder - Award of compensation - Reduction of sentence from 7 years to period already undergone - Challenge as to - More than 22 years have elapsed from date of incident - Since in case of homicidal death, monetary benefits cannot be equated with life of person - Main object..........
