Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator appointed by one party invoking arbitration agreement and intimation thereof conveyed to the other party - It is not open to the other party to invoke S.11(6) for appointment of arbitrator - Such appointment can be challenged only u/s 13 and thereafter u/s 34 of the Act - When an arbitration tribunal is..........
Right to Information Act, 2005, Section 8 -- Denial of information - Petitioner sought information as regards one `B' and in respect of all such other suspended employees of SGPC, grounds of suspension, details of reinstatement and punishments awarded to such employees - Held, information sought would qualify to be personal information which would stand exempted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Recovery from open place - Held, when recovery of contraband is from an open place from a person, there is no essential or legal requirement to include two independent witnesses to witness search...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Issue of process - Reconsideration of - Permissibility - Held, it is not open to a Magistrate (trial Court), having issued process on a complaint filed before him, to reconsider his decision at the instance of summoned accused and dismiss complaint on any ground without entering into trial..........
Constitution of India, 1950, Article 226, Haryana Housing Board Act, 1971, Section 72A - - Allotment of house - Alternative remedy - Earnest amount paid by petitioner already stood refunded to him with interest as per initial order passed by District Consumer Forum - Held, in case petitioner is still having any grouse he may challenge action of respondent/Board in not..........
Punjab Panchayat Raj Act, 1994, Section 20(5) - - Suspension of Panch - Delayed enquiry - Appellant (Panch) under suspension for last more than one year and respondents have not concluded enquiry - Held, long suspension of an elected representative is neither in interest of Panchayati Raj democracy nor justified in facts and circumstances of case - Impugned order of..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Scope - (i) An application U.O.9.R.13 CPC cannot be filed by a person who was not initially a party to the proceedings; (ii) Inherent powers u/s 151 CPC can be exercised by the Court to redress only such a grievance, for which no remedy is provided for under the CPC; (iii) In the event that an order has been..........
Adverse possession -- Possession once permissive it continues so unless something occurred to make it adverse - Onus is on the permissible occupant to show when and how his possession became adverse - In order to discharge the onus there must be clear and affirmative evidence to establish the change in the character of possession - There must be an open and explicit..........
Evidence Act, 1872, Section 45 -- Expert evidence - Contradictory opinion of hand writing experts - It is always open to Court to form its opinion after careful consideration of expert's opinion as also document concerned...........
Crime against Women -- Incidents of rape, eve-teasing, sexual harassment/exploitation, acid attacks - High Court issued Directors which are in addition to Directions issued by Supreme Court - Such Directions are not exhaustive in nature as it would always be open for the appropriate State Governments to take any other additional initiative towards prevention and control..........
