Arbitration and Conciliation Act, 1996, Section 29A(5), (6), (7), (8) -- Time limit for arbitral award - Extension of time - Power to extend time period for making of award vests with Court and not with arbitral tribunal - Therefore, arbitral tribunal may not pronounce award till an application u/s 29-A(5) of the Act is sub-judice before Court...........
Arbitration and Conciliation Act, 1996, Section 29A(1) -- Time limit for arbitral award - Time limit for making an arbitral award u/s 29-A(1) of the Act is not applicable to international commercial arbitration...........
Arbitration and Conciliation Act, 1996, Section 29A(1) -- Time limit for arbitral award - Extension of time - If neither party moves an application for extension of time for making award, arbitration proceedings are terminated...........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Post award interest - Agreement between parties has no bearing - S.31(7)(b) does not give parties right to "contract out" interest for the post-award period - Expression `unless the award otherwise directs' in S.31(7)(b) of the Act relates to rate of interest and not entitlement of interest...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Sum of Rs.12,50,000 has been paid as interim maintenance to wife - Considering facts and circumstances of case and relationship of parties and taking into consideration the maintenance award passed by Family Court, sum of Rs.15 lakhs as permanent alimony to wife is proper which is not inclusive of earlier..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - In the absence of cogent proof of wife being gainfully employed or earning a sufficient income to maintain herself, bald allegation that wife is earning through private tuitions, without any documentary proof does not disentitle her from getting an award of interim maintenance...........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Non-delivery of possession - Deficiency in service - Complainant delayed making balance payment for over five years - This delay was largely due to complainant's requests for a waiver of interest, which contributed significantly to delay in finalizing the transaction - Though, complainant is entitled to a..........
Succession Act, 1925, Section 372, 373 -- Succession certificate - Grant of - For issuing succession certificate compromise award arrived at Lok Adalat is bad in law...........
Arbitration and Conciliation Act, 1996, Section 37 -- Arbitral award - Setting aside - Approach of High Court in holding that Arbitrator neither established nor discussed questions posed by it, is not a ground to set aside Award...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Pre-reference and pendente lite interest - Power of Arbitrator to award pre-reference and pendente lite interest is not restricted when the agreement is silent on whether interest can be awarded or does not contain a specific term that prohibits the same...........
