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PUNJAB & HARYANA HIGH COURT

Year of decision: 2003
Details

Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 3, 5 -- Eviction of person after period of licence expired and same not extended - Deed executed between the parties clearly envisages it to be a licence and not a lease - Since period of licence long expired, unauthorised occupant liable to hand over vacant possession...........

FINANCIAL COMMISSIONER PUNJAB

Year of decision: 2003
Details

Punjab Land Revenue Act, 1887, Section 117 -- Question of title - Option given to Revenue Officer to decide himself or refer the matter to Civil Court for adjudication - Revenue Officer should pass a detailed order after having heard the parties whether question of title was involved in the matter or not and if he wanted to decide the question himself or wanted to refer..........

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Grounds for setting it aside are (i) a party was under some incapacity, or (ii) the arbitration agreement is not valid under the law; (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to..........

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - If award is contrary to the substantive provision of law or the provisions of the Act or against the terms of the contract, it would be patently illegal which can be interfered with u/s 34 of the Act - Such failure of procedure should be patent affecting the rights of the parties...........

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Arbitration and Conciliation Act, 1996, Section 8 -- Part of subject matter of suit when includes arbitration agreement and in between certain parties to the suit - Held, dispute cannot be referred to arbitration as splitting of cause of action or parties is not permissible...........

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration agreement - Power to refer parties to arbitration - The suit should be in respect of `a matter' which the parties have agreed to refer and which comes within the ambit of arbitration agreement - Where a suit is commenced `as to a matter' which lies outside the arbitration agreement and is also between some of..........

FINANCIAL COMMISSIONER PUNJAB

Year of decision: 2003
Details

Punjab Land Revenue Act, 1887, Section 113, 20 -- Service of summons in partition proceedings - Whether properly effected on the parties or not - Necessary to cause service of summons to be made on all parties in order to remove apprehension in the mind of every party that no injustice being done to him...........

FINANCIAL COMMISSIONER PUNJAB

Year of decision: 2003
Details

Punjab Land Revenue Act, 1887, Section 16, 20, 113 -- Revision in partition case - Issue involved whether service of summons on concerned parties effected properly or not - Collector in appeal held that not clear whether service proper or not while Commissioner in further appeal held service to be proper - Matter remanded to Assistant Collector 1st Grade to cause service..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2003
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13, 2 -- Relationship of landlord and tenant - Purchase of property on basis of agreement to sell, general power of attorney, affidavit and will - Possession delivered to prospective vendee - On the same day rent note executed by vendor in favour of vendee - Held, general power of attorney holder is landlord within the..........

DELHI HIGH COURT

Year of decision: 2003
Details

Criminal Procedure Code, 1973, Section 219, 220, Negotiable Instruments Act, 1881, Section 138 -- Joint trial of two offences of same kind - Can be allowed in summons cases also - Two cheques issued within a span of one year and dishonoured on the same date and parties are common and evidence in the two complaint cases will also be common - Impugned order directing joint..........

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