Arbitration Act, 1940 -- Arbitration and Conciliation Act, 1996 - Arbitrator appointed under old Act - Arbitrator failing in his duty to enter on the reference - New arbitrator appointed - By the time new arbitrator appointed new Act came into force - Held, proceedings shall be deemed to have commenced on the date when request for referring dispute for arbitration was..........
Arbitration Act, 1940, Section 13, 30 -- Reasonable opportunity - For constituting a reasonable opportunity, the following conditions are required to be observed: (1) Each party must have notice that the hearing is to take place; (2) Each party must have a reasonable opportunity to be present at the hearing, together with his advisers and witnesses; (3) Each party must..........
Arbitration Act, 1940, Section 13, 30 -- Reasonably opportunity - Arbitrator is entitled to give direction to the parties to be present on the particular date, particular time and particular place which would be sufficient compliance of the requirements of law - A party has no absolute right to insist on his convenience being consulted in every respect - Court will..........
Consumer Protection Act, 1986, Section 23 -- Complicated nature of facts - Direction to approach Civil Court - Commission to form an opinion only when pleading of both the parties are available...........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 16 -- Pending execution of Award - Parties again referred their dispute to arbitrators by agreement - Arbitrator started proceeding - Subsequent act of rescission of agreement by one party - Needs adjudication by arbitrators only - Question regarding excitability of award - To be..........
Punjab Land Revenue Act, 1887, Section 113, 20, 21 -- Co - sharer not served notice of partition proceedings by Assistant Collector - Since co - sharer not given opportunity of being heard - Due process of law not completed at the level of Assistant Collector whose act of proceeding ex parte against co - sharer was wrong - Any decision by Assistant Collector would be..........
Consumer Protection Act, 1986, Section 14 -- Jurisdiction - Housing plan - Preparation- Alleged deficiency in service - Almost the entire contract of service is oral - The most of the documents are disputed by both the parties - It cannot be properly adjudicated under the summary jurisdiction by the Consumer Redressal Agencies - The District Forum held not justified in..........
Haryana Canal and Drainage Act, 1974, Section 24, 2(12), 2 -- Restoration of dismantled watercourse - Merely because water outlet/naka in existence and there were some remains of dismantled watercourse - Does not entitle to get watercourse restored unless and until Authorities arrive at the conclusion with regard to dismantled water-course, whether it was a sanctioned..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Part payment to be made in future - Balance amount not paid as agreed - Notice not issued - Conduct of plaintiff shows that intention of parties was only to transfer the land in question - Merely because part payment, as agreed, not paid, it cannot be said that title did not pass vide registered sale deed..........
Transfer of Property Act, 1882, Section 54 -- Sale - A document can be executed even if part of the sale consideration is promised to be paid in future - If from recitals in the sale deed it appears that title would pass after payment of consideration, the inference would be that until consideration is paid, there is no transfer - However, if it appears that passing of..........