Land Acquisition Act, 1894, Section 11, 16 -- Acquisition of land - Landlord can maintain a suit for eviction of his tenant even after an award is passed in respect of tenanted property, when possession is not taken by land acquiring authority - In the absence of possession being taken by land acquiring authority, land owner is not divested of his right, title or interest..........
Motor Vehicles Act, 1988, Section 166, 173 -- Accident - Compensation - Contributory negligence - Testimony of eye witness who is not related to the deceased scooterist that at the site there was a curve and bus driver did not blow the horn and bus was being driven at a very high speed - There is no specific evidence to prove that accident took place due to rash and..........
Indian Penal Code, 1860, Section 304A -- Criminal negligence - Award of damages against owner of cinema hall - Held, it cannot be made basis to hold occupier guilty of gross negligence u/s 304-A IPC...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitration - Interest - Agreement between parties that no interest shall be payable - Arbitral Tribunal cannot award interest between the date when the cause of action arose to the date of award...........
Arbitration and Conciliation Act, 1996, Section 34, 4, 16(2) -- Arbitration award - Jurisdiction - Objection with regard to competence/jurisdiction of Arbitral Tribunal not raised before Arbitrator - Objection to jurisdiction deemed to be waived - Cannot be raised for the first time in Court...........
Motor Vehicles Act, 1988, Section 166A -- Accident - Compensation - Appeal - Neither driver/owner nor insurer has filed any appeal or cross objection against findings of High Court that both vehicles were responsible for accident - Held, in absence of any challenge to aforesaid part of order of High Court, Supreme Court proceeded in matter by accepting said finding of High..........
Service -- Substitution of order of reinstatement with an order of compensation - It has to be supported by some legal and justifiable reasons indicating why order of reinstatement is allowed to be substituted by award of compensation - Some of the grounds are : (i) where the industry is closed; (ii) where the employee has superannuated or going to retire shortly and no..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 31, 18 -- Acquisition of land - Deposit of compensation amount in Govt. treasury - Effect - Award pertaining to subject land has been made more than five years prior to commencement of 2013 Act - Compensation so..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 31, 18 -- Acquisition of land - Proceedings under 1894 Act - Lapse of - Held, u/s.24(2) of 2013 Act, acquisition proceedings initiated under 1894 Act, by legal fiction, are deemed to have lapsed where award has been..........
Arbitration and Conciliation Act, 1996, Section 34, 2(1)(e) -- Arbitral award - Setting aside - Initiation of proceedings u/s.34 of the Act of 1996 before original side of High Court of Bombay by respondent - Held, not violated mandate of S.2(1)(e) of the Act according to which only High Court of Bombay was exclusively the competent Court (under its "ordinary original..........
