Arbitration and Conciliation Act, 1996, Section 11, 35, 40, Partnership Act, 1932, Section 46, 47, 48 -- Arbitration - Partnership firm - Death of a partner - Arbitration agreement is not discharged by the death of a party thereto and on such death it is enforceable by or against the legal representatives of the deceased, nor is the authority of the arbitrator revoked by..........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Notifications for acquisition of land for planned development of residential and commercial area - Challenged in writ petition - Petitioners failed to establish that - (i) Acquisition is for frivolous purpose, (ii) Administrative action of State void, (iii) Power has been used for..........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Release of constructed portion - Matter of policy and not of law - Challenge to the notifications for acquisition of land - Release of land on which houses constructed sought - Land acquired for planned development - Construction raised in a haphazard manner..........
Limitation Act, 1963, Article 113 -- Fire-arm injury - Compensation - Limitation - Such a suit is not under the provisions of Fatal Accidents Act, 1855 - No limitation for such a suit is prescribed and hence such a suit is governed by Article 113 and period of limitation is three years from the date of accrual of cause of action...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Company - Having principal office at one place and subordinate offices at other places - If cause of action arises at a place where company has its subordinate office then Court at that place has jurisdiction and not the Court where company has its principal office...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Cheques given to plaintiff deposited at Delhi - Not an indicator that part of cause of action has arisen at Delhi...........
Consumer Protection Act, 1986, Section 11 -- Territorial jurisdiction - Medical negligence - Blood transfusion - The infection to the son of the complainant developed was directly related to the transfusion of the blood group of AB+ group administered under the advice of the OP No.3 at Ludhiana - The entire cause of action had arisen at Ludhiana where the hospital of the..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Airlines - Air France - World Ways Travels (P) limited, Jalandhar is General Sales Agent of Air France Ltd. - Company located in Jalandhar - Ticket purchased at Jallandhar - Part of cause of action arose at Jalandhar - District Forum at Jallandhar did have territorial jurisdiction to entertain the..........
Constitution of India, 1950, Article 226, 227, State Financial Corporations Act, 1951, Section 29, 31, Civil Procedure Code, 1908, Section 10 -- Stay of proceedings u/s 31 of the SFC Act - Writ petition by company challenging sale of unit u/s 29 by the Financial Corporation - Financial Corporation sought intervention of District Court u/s 31 for determination of amount due..........
Civil Procedure Code, 1908, Order 8, Rule 6-A, 6B, 6C, 6D, 6E, 6F, 6-G -- Counter claim - Scope - Counter claim is really a suit - It is an independent cause of action which can also be agitated in a separate suit - It is to avoid multiplicity of proceedings - Counter claim has to be treated as a separate suit - Only for the purpose of convenience and speedy disposal of..........
