Punjab Co-operative Societies Act, 1961 - - Arbitral proceeding - Appointment of Inspector of same society as Arbitrator - Validity - Held, Inspector of Co-operative Societies working in Society are equally responsible for functioning of Society - Such a person cannot be a Judge to decide lis or allegation made against petitioner for enrolling such members or disbursement..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Notice sent by registered post to husband received back - Husband proceeded ex parte - Award of Rs.5,000/- as maintenance to wife from the date of order - Both wife and husband filing appeal - Appellate Court enhanced maintenance to Rs.10,000/- p.m. whereas appeal of husband dismissed as time..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1), 357(3) -- Dishonour of cheque - Imposition of sentence - Award of compensation - Power of Court - Held, Courts are competent to impose fine and also empowered to award compensation as a part or whole of amount of fine u/s.357(1) of the Code to victim or person who has suffered any..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Award from date of application - Validity - Applicant/wife is married wife of revisionist/opposite party whereas opposite party had contracted second marriage - Revisionist/opposite party had sufficient means to maintain his wife applicant - Court below had recorded a finding that wife is entitled for maintenance..........
Land Acquisition Act, 1894, Section 16 -- Acquisition - No evidence on record to show that possession of acquired land had been taken by Authority after passing of award and before filing of writ petition - In view of standing crop on land, claim of delivery of possession is farce and inconsequential - Held, land not vested in state government...........
Civil Procedure Code, 1908, Section 34, Interest Act, 1978, Section 3(1) -- Arbitral award - Interest - When once legally payable amount to objector is withheld for no valid reasons, he is entitled to receive unpaid amount and even in absence of contract with regard to payment of interest arbitrator is bound to decide the same and non payment of interest on delayed payment..........
Telegraph Act, 1885, Section 7B, Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award u/s 7B of Telegraph Act - Cannot be challenged u/s 34 of Arbitration Act - Can be challenged under Article 226 Constitution of India...........
Arbitration and Conciliation Act, 1996, Section 34 -- Award - Setting aside of - Duty of Court - Held, trial Court cannot sit as Court of Appeal over the award of arbitrator - Trial Court cannot examine merits of claim by examining evidence and material on record - In present case, arbitrator, who was a technical expert, after examining material on record, came to the..........
Transfer of Property Act, 1882, Section 17, 3 -- Registration of a instrument - By itself is a notice and it will be futile for a person to contend that the fact of registered sale deed came to the surface only when the property was acquired and when the award was passed...........
Arbitration and Conciliation Act, 1996, Section 34, 16(2) -- Award - Setting aside of - Objection regarding jurisdiction - Held, S.16(2) of the Act clearly stipulates that objection regarding jurisdiction of arbitrator has to be raised not later than the submission of statement of defence - In instant case, no such objection was raised by Miller before arbitrator either in..........
