Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Funeral expenses - It will be just, fair and equitable, in the absence of evidence to the contrary for higher expenses, to award at least an amount of Rs.25,000/-...........
Civil Procedure Code, 1908, Section 34 -- Interest - No contract for payment of interest - Award of 12% interest on amount due on the basis of rate of interest paid by Banks to its customers on long term deposit - Order upheld...........
Punjab Town Improvement Trust Act, 1922, Section 60, 65 -- Award - Validity - President of Tribunal recorded evidence and heard arguments and announced award by him alone - President had only consulted assessors and had not decided issue alongwith them as constituting Tribunal - Held, impugned awards liable to be set aside - Matter remanded to Tribunal for passing fresh..........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Award of arbitrator - Fallibilities therein - Duty of executing Court - Held, a mere finding that contractor was entitled to benefits of escalation cannot obtain any enforceability - Executing Court could not have undertaken task of ascertaining amount which was payable to contractor if said amount was itself not determined..........
Land Acquisition Act, 1894, Section 4, 6 -- Notification/declaration stood elapsed as no award was made within the period stipulated under the Act - There can be no sanctity to any of the acquisition proceedings initiated by the respondents so far as the suit land is concerned...........
Land Acquisition Act, 1894, Section 4, 6 -- Notification/declaration stood elapsed as no award was made within the period stipulated under the Act - No sanctity to the acquisition proceedings - However, considering the fact that possession of land was taken over about half a century ago and stood completely developed as such it will be difficult to restore possession -..........
Arbitration and Conciliation -- Arbitral proceedings - Expected matter - Objection as to - Appellant raised objection before District Judge to the effect that Arbitrator had no jurisdiction to pass award being "excepted matter" - Said objection never raised by him before Arbitrator - Held, since objection has not been raised before Arbitrator, therefore, same could not be..........
Civil Procedure Code, 1908, Section 34 -- Arbitral proceedings - Award of interest - Validity - Though agreement is silent about provisions regarding claim of interest, yet Court as well as Arbitrator appear to have exercised discretion while awarding statutory interest @ 18% per annum to respondents - Held, no interference is called for - Appeal dismissed...........
Indian Penal Code, 1860, Section 302 -- Death sentence - Imposition of - Factors to be considered - Held, age definitely is a factor which cannot be ignored though not determinative factor in all fact situations - Probability that accused persons could be reformed and rehabilitated is also a factor to be borne in mind - To award death sentence, aggravating circumstances..........
Motor Vehicles Act, 1988, Section 166, 167 -- Award u/s 166 of the Act - Deductions made for amount of compensation paid under Employee's Compensation Act - Held, no infirmity...........
