Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Issues as to (a) whether claimed is a dead (long barred) claim or a live claim; (b) whether the parties have concluded the contract/transaction by recording satisfaction of their mutual rights and obligation or by receiving the final payment without objection, when raised in an application..........
Service -- Termination - Re-instatement with full back wages - Held, ordinary principle of grant of re-instatement with full back wages when termination is found to be illegal is not applied mechanically in all cases - While that may be a position where services of a regular/permanent workman are terminated illegally and/or mala fide and/or by way of victimization, unfair..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Offence u/ss 420, 120-B IPC - There is no element of cheating as petitioners had never induced opposite party to deliver property nor opposite party being so induced agreed to sell the property to petitioners - Petitioners had not any mal-intention as they made..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Appellant 30 years of age on the date of accident - He is an educated person and was doing business in sale of fertilizers - He has lost his leg in accident - Held, this would not only affect his earning capacity but deprive him of several amenities in life - Apart from amount of Rs.45,000/- awarded by..........
Specific Relief Act, 1963, Section 31 -- Cancellation of an instrument - Three conditions are to be satisfied for grant of such declaration, viz. (i) that written instrument in question is either void or voidable as against plaintiff; (ii) Plaintiff may reasonably apprehend serious injury from instrument being left outstanding; (iii) In view of all circumstances of the..........
Transfer of Property Act,1882 -- Applicability in State of Punjab - Transfer of Property Act is not applicable in State of Punjab except for provisions relating to sale and consequently written instrument of mortgage is not essential but principles under Transfer of Property Act have always been applied on basis of justice, equity and good conscience...........
Electricity Act, 2003, Section 126(3) -- Assessment order - Opportunity of hearing - Assessment order passed without giving an opportunity of hearing to petitioner - S.126(3) of the Act is mandatory in nature - By not providing opportunity of hearing to petitioner, assessment order passed has resulted in miscarriage of justice - Valuable right of petitioner was taken away..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Plea of juvenility - Rejection of - Validity - Plea of juvenility rejected on ground that as per ossification test age was between eighteen to twenty years - As per admission register and transfer certificate age was..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Deceased was 19 years old and was a student of Engineering course - Age of parents of deceased is 45 and 42 respectively - Held, ends of justice will be served by awarding lump sum compensation of Rs.7,00,000/- - Appellants shall be entitled to compensation of Rs.7,00,000/- with interest @ 6% per annum on enhanced amount..........
Constitution of India, 1950, Article 227 -- Extraordinary jurisdiction - High court can examine orders of civil court only in exceptional cases when manifest miscarriage of justice has been occasioned or there is grave dereliction of duty or flagrant abuse of fundamental principles of law or justice i.e patent perversity reflected in order - It cannot lightly or liberally..........
