Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Claim based on hire charges on amount of loss caused by wrongful seizure of machinery or equipment - Arbitrator ought to have ascertained the total value of machinery - Hire charges may at times furnish the basis for determining the compensation - But such determination cannot normally..........
Criminal Procedure Code, 1973, Section 482 -- Order of Permanent Lok Adalat - Challenge as to - When order is passed by Permanent Lok Adalat, only remedy available againstsaid award,is by way of filing of writ petition u/arts 226, 227 of Constitution - Petition u/s 482 Cr.P.C. is not maintainable. (Ambika Kumary Vs. State of Kerala, 2011(3) Civil Court Cases 066 (Kerala)..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Scope - Three requirements for an acquisition to attain finality are passing of an award, payment of compensation and taking of possession...........
Indian Penal Code, 1860, Section 409, 420 -- Offence u/ss 409, 420 IPC - Conviction u/s.409 IPC - Award of funds to Sarpanch for execution of certain works within stipulated time - As per documents of Inspection and materials on record Sarpanch was unable to finish work undertaken within time and also no extension of time sought by him - Work of only certain amount was..........
Labour Law -- Power of labour Court - Labour Court can award lesser punishment in lieu of discharge or dismissal - However, it is obligatory on it to record satisfaction that order of dismissal was not justified. (U.P. Industrial Disputes Act, 1947, S.6(2-A)..........
Service -- Dismissal - Respondent/bus conductor carrying 25 passengers without ticket - Loss caused to Corporation cannot be marginalized - Motive of respondent from the act is inherent - Adequate punishment has to be imposed, as, such misconduct does not stand on a lesser footing than embezzlement or corruption and more importantly results in faith and breaches and trust..........
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..........
