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...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - S.144 CPC is applicable with regard to dispossession pending suit or when decree is varied or reversed in appeal - Post decree possession in a decree for permanent injunction have to be redressed in an enquiry U.O.21.R.32 CPC - Since the violation alleged is continuing one, there is no time limit for an..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - When Courts below exercised discretion against plaintiffs refusing to pass decree, then same cannot be interfered in the limited scope of second appeal u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding of possession recorded by Courts below is binding in second appeal - Second appeal dismissed...........
Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Divorce petition - Death of husband during pendency of appeal - Appeal would not abate, as there would be a direct legal consequences affecting status of parties as well as proprietary rights of either of them which would flow from decree of Family Court...........
Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Divorce petition - Death of husband during pendency of appeal - Appeal not abated as there are proprietary rights surviving for consideration even on the death of husband - Since matrimonial cruelty necessary for grant of a decree of divorce or desertion with a clear intention to put an end to marriage has not been..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - No reason is given by appellate Court while imposing condition - Impugned order to the extent of imposing condition set aside - Appellate Court directed to re-consider the same after giving..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court may formulate any substantial question of law u/s 100 CPC, which arises between parties even though same has not been formulated in the memorandum of second appeal...........
