Arbitration and Conciliation Act, 1996, Section 29A(4) -- Time limit for arbitral award - Extension of time - Power u/s 29-A(4) of the Act vests in the Court as defined in S.2(1)(e) of the Arbitration and Conciliation Act - It is the principal Civil Court of original jurisdiction in a district which includes a High Court provided the High Court has ordinary original civil..........
Arbitration and Conciliation Act, 1996, Section 29A(6) -- Time limit for arbitral award - Extension of time - Power u/s 29-A(6) of the Act is only a consequential power vesting in the Court which is empowered to extend the time - If the Court finds that cause of delay is one or all of the arbitrators, while extending the time, Court has power to replace and substitute the..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of four demand drafts and two money receipts - Application filed u/s 65 of the Act but application dismissed on the premise that application is filed u/s 65-B of the Act - Impugned order set aside - Trial Court directed to pass order afresh on merits, strictly in accordance with law...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of four demand drafts and two money receipts - Application filed u/s 65 of the Act but application dismissed on the premise that application is filed u/s 65-B of the Act - Impugned order set aside - Trial Court directed to pass order afresh on merits, strictly in accordance with law...........
Court Fees Act, 1870, Article I -- Schedule.I - Ad valorem Court fee - If a suit for cancellation of document or annulment is filed, suit will be governed by Art.I, Schedule.I of the Act, which provides for payment of ad valorem Court fee on the value of subject matter in dispute - Tentative value of subject matter of dispute is specified in the instrument itself...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 307, 332, 279, 337, 353 -- Bail - Contraband - Independent witnesses have blatantly denied to give their support to fact of recovery of contraband made by police - Taking of vehicle and accused from the crime scene to police..........
Guardians and Wards Act, 1890, Section 7, 9, 25 -- Custody of minor children - Minor children expressed their preference to reside with their father - They were doing well in the pursuit of their education and co-curricular activities whilst residing with father and minor children were well settled and progressing fine - Though preference made by children in itself cannot..........
Limitation Act, 1963, Section 3 -- Limitation - Court u/s 3 of the Act has jurisdiction to look into the question of limitation, even if no plea of limitation has been set up by defendant or no issue is framed regarding limitation - In such an event, suit deserves to be rejected since the question of limitation is a pure question of law...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Work contract - Construction of terms of a contract is to be adjudicated by arbitral Tribunal - If after considering the material on record, arbitral tribunal takes a particular view on interpretation of contract, Court u/s 34 of the Act does not sit in appeal over findings of arbitrator...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101, Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 13 -- Words `Children's Court' and `Court of Sessions' in JJ Act and JJ Rules shall be read interchangeably - Primarily jurisdiction vests in the Children's Court - However, in the absence of constitution of such Children's..........
