Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - Any award of an arbitrator or a tribunal that seeks to overreach a binding judicial decision does conflict with fundamental public policy and cannot therefore, sustain...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - Claim related to loss of profit, profitability or opportunities to succeed - Conditions to be satisfied are : (i) There was delay in completion of contract; (ii) such delay is not attributable to the claimant; (iii) the claimant's status as an established contractor, handling substantial projects;..........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Claim for damages - Whether general or special, cannot as a matter of course result in an award without proof of the claimant having suffered injury...........
Indian Penal Code, 1860, Section 498A, 306, 34 -- Offence u/ss 498-A, 306, 34 IPC - Reduction of sentence - Accused are now aged about 66 and 61 years respectively - They have already spent one year, one month and 27 days in prison - Accused do not have any past history of criminal record - Sentence reduced to period already undergone by them with fine of Rs.5,000 each and..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 9 -- Murder - Test Identification Parade (TIP) - Instead of holding TIP, PW6 was called to office of Superintendent of Police and accused was shown to him in the office - Identification of accused by PW6 in Court is not free from reasonable doubt, as it becomes very doubtful as accused was shown to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - Merely because Sub-Registrar permitted a document to be registered for higher value than guideline value per se cannot be an illegal act or misconduct - Variations in the value of document advantageous to Government unless and until, it is proved to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - When it is not an offence to purchase a property for a value higher than guideline value and when it is not an offence to accept such document for registration without resorting to S.47-A of Stamp Act, conviction and sentence imposed on accused is..........
Indian Penal Code, 1860, Section 306, 420, 120B, 34 -- Abetment of suicide - FIR and suicide note do not disclose any specific act or conduct on the part of accused or his brother which would amount to harassment or instigation committed with necessary mens rea other than the initiation of proceedings under Negotiable Instruments Act - It cannot be held that accused had..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for permanent injunction simpliciter without seeking relief of declaration - When in a suit for perpetual injunction based on title, defendant pleads perfection of his title by adverse possession against plaintiff or his predecessor, plaintiff need not claim a declaration of title, as there was no cloud on title of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness has not identified both the accused in Court - Accused cannot be convicted in the absence of their identification by eye witness before Court - Accused acquitted...........
