Arbitration and Conciliation Act, 1996, Section 2(1)(d), 10(2), 11 -- Arbitrator - Appointment - Agreement between parties providing settlement of dispute through arbitration - Agreement silent as to number of arbitrators to be appointed - Held, in such circumstance arbitral tribunal to consist of a sole arbitrator only...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Scope - Provision of O.2.R.2 CPC postulates that every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of a cause of action or claim - Where plaintiff omits to sue or intentionally relinquishes any portion of his claim, he shall not thereafter bring forth a fresh suit in respect of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- O.2.R.2 CPC is a species of the doctrine of res judicata and incorporates a salutary principle of law that where a party omits to sue on a claim or for a relief, it shall not thereafter, be permitted to sue for such claim or for such relief...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction filed on an apprehension that vendor would alienate the land subject matter of the agreement to sell - On the date of the filing of suit for permanent injunction, respondent was not entitled to make a prayer for specific performance of the agreement - Held, suit for specific..........
Contempt of Courts Act, 1971, Section 2(a), 2(c), 15 -- Contempt of Court - Criminal contempt - Contemnor filing false affidavit before Trial Court in support of his reply in contempt application as well as before this Court - Filing of false affidavits/statements in judicial proceedings tends to interfere with or obstructs administration of justice, amounting to criminal..........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 2(s) -- Occupancy rights - Claim of - Occupancy tenants means a tenant who, immediately before the commencement of the said Act, is recorded as an occupancy tenant in the revenue records and includes a tenant, who, after such commencement obtains a right of occupancy in respect of the land held by..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Cruelty - Proof beyond pleading - Cannot be looked into - In absence of pleading by husband that he was subjected to cruelty because of beating given to him at the house of wife cannot be accepted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining electricity board from erecting electric poles and passing the electric wires - Held, Punjab State Electricity Board is empowered under the relevant provisions of law, to erect poles and lay lines in the fields of any private person - The only remedy available is to seek compensation...........
Protection of Women From Domestic Violence Act, 2005, Section 2(a), 12 -- Aggrieved person - Family Court declared marriage null and void - Petitioner not an aggrieved person - Not entitled to claim benefit under the Act or file a petition u/s 12 of the Act - Application quashed...........
Employee's State Insurance Act, 1948, Section 2(12) -- `Factory' - For holding an establishment to be a `factory' it must first be established that some work or process is carried on in any part of the establishment that amounts to `manufacturing process' as defined under section 2(k) of the Factories Act, 1948 - In case the number of persons employed in the establishment..........
