Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Jurisdiction u/s 34 of the Act will not be exercised merely because an alternative view on facts and interpretation of contract exists...........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - While exercising jurisdiction u/s 37 of the Act, Court is concerned about jurisdiction that S.34 of the Act exercised while considering challenge to arbitral award - Question of reinterpreting the contract on an alternative view does not arise...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - Modification of award is not permissible under the Act...........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - Reduction of rate of interest - Statutory rate of interest itself is contemplated at 18% p.a u/s 31(7) of the Act - Modification of rate of interest for past, pendente lite and future interest set aside - Interest @ 18% p.a as awarded by arbitrator held, reinstated...........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Brother and father of deceased stated that she had not disclosed about any ill treatment being given by accused persons to them but disclosed the same to her mother - Deceased was suffering from epilepsy and after marriage accused providing treatment to her - No evidence on record which..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Call Detail Records (CDRs) - Mobile numbers alleged to have been used by accused `M' is not in his name but in the name of one `A' - No evidence is placed on record to show as to how said SIM came to be in possession of accused `M' - Apart from that if at the time of incident both of them were..........
Indian Penal Code, 1860, Section 379, 380, 34 -- Theft - Dispute between two brothers regarding theft of a Will left by their father - Civil suit filed by accused stands dismissed and appeal against the same also dismissed - It can thus, safely be said that criminal proceedings are nothing but an abuse of process of law - Moreover, ingredients of Ss.379, 34 IPC were..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 471, 468, 467, 120B, 34 -- Quashing of proceedings - Cheating - Allegation that wife allegedly left matrimonial home after 29 years of marriage with ornaments/accessories worn on regular basis being a Traditional Bengali married women, cannot be basis of a criminal case between married..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Suit is not maintainable without seeking possession, when plaintiff is not in possession...........
