Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Execution - Plea that wife is not entitled to maintenance as she is living in adultery - Such plea is not available in a petition for execution of award of maintenance - In the event of change of circumstances order can be got modified u/s 127 Cr.P.C...........
Land Acquisition Act, 1894, Section 12 -- Acquisition of land - Notice of award - Validity - Held, as per S.12 of the Act, Collector can give notice prior to announcement of award giving date on which award is to be announced - Collector can also give notice after award is announced to give notice to persons who were not present at the time of announcing of award - In..........
Circumstantial Evidence -- Various circumstances relied on by prosecution relating to guilt fully established beyond doubt - Court is free to award conviction...........
Motor Vehicles Act, 1988, Section 166 -- Permanent disability - Efforts should always be made to award adequate compensation not only for the physical injury and treatment, but also for the loss of earnings and inability to lead a normal life and enjoy amenities, which he would have enjoyed but for the disability caused due to the accident...........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Arbitration award - Objections - Framing of issues - (i) Not mandatory to frame issues; (ii) Court if finds necessary can frame issues; (iii) Parties not to be allowed to lead evidence as in a regular civil suit; (iv) If Court finds that on certain question of fact or on..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 107, Order 41 -- Arbitration award - Objections - Power of Court while entertaining an application u/s 34 of the Act is akin to the appellate jurisdiction so as to find out whether the award is liable to be set aside on any one or more grounds specified in S.34 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Petitioner did not repay loan and defaulted in payment of installments - Respondent company took recourse to arbitration proceedings but before award could be passed, petitioner approached respondent with offer of settlement and..........
Civil Procedure Code, 1908, Section 34 -- Award of interest - Reduction of contractual rate - Permissibility - Held, reduction of interest from contractual rate to a lower rate, would be permissible only in exceptional and special circumstances - Award of interest, pendente lite and post decree, is discretionary with Court - In a given fact situation of the case, if Court..........
Punjab Co-operative Societies Act, 1961, Section 56, Punjab Co-operative Societies Rules, 1963, Rule 72 -- Embezzlement of funds - Arbitration proceedings - Award - Recovery of money - Auction sale - Failure to deposit 75% of bid amount by Bank within 15 days from date of auction - No right, title or interest in land has passed to Bank - Auction proceedings would remain..........
Negotiable Instruments Act, 1881, Section 80 -- Bank guarantee - Interest - Dishonoured negotiable instrument - A bank guarantee being a negotiable instrument, award of interest @ 12% on it would be proper considering commercial transaction...........
