Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - While exercising jurisdiction u/s 37 of the Act, Court is concerned about jurisdiction that S.34 of the Act exercised while considering challenge to arbitral award - Question of reinterpreting the contract on an alternative view does not arise...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought to include the left out properties - Amendment allowed - Order under challenge is in accordance with law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of plaintiff - Applicants by way of amendment sought to challenge oral gift deed which was inadvertently not challenged by their father/plaintiff - However, during life time of plaintiff, when cause of action to file suit arose, he was the best person to acknowledge the complete facts - Two..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - It is not obligatory for plaintiffs to bring on record the LRs of deceased defendant who died after filing of suit - Duty is upon actual LRs themselves to approach Court for joining suit proceedings or otherwise they may challenge the decree subsequently, if suit of plaintiffs..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - If decree is passed against deceased defendant, LRs would be entitled to challenge the decree and Court being satisfied with the two facts may set aside the decree, viz. (i) LRs was not aware of pendency of suit proceedings; or (ii) he did not fail to appear intentionally by making..........
Service -- Denial of regularization - Management allowed the workmen to put in regular service to its own benefit for over two decades - Therefore, management can no longer now claim an indefeasible right to continue with and canvass its challenge to award, merely because it made its compliance with award conditional long ago - Award of regularization of service restored...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Challenge thereto - Stay of operation of order - There cannot be generalized direction not to stay the operation of the interim maintenance order solely on the ground that the revisionist did not deposit the entire amount of awarded maintenance - Of course, if otherwise the factual..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Recall of CW1 - Earlier application filed u/s 311 Cr.P.C. for recall of CW1 was rejected and since accused did not chose to challenge the said order, same attained finality - Accused thus, has no right to move another application with same prayer for same purpose on the ground that certain..........
Workmen's Compensation Act, 1923, Section 3 -- Accident - Compensation - Deceased was a truck driver and has four dependents at the time of his demise in the year 2011 - Income of deceased @ Rs.6000 p.m as claimed by his wife cannot be construed as excessive - Moreover, no challenge is made to this fact - Compensation thus, have to be redetermined by construing income of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After framing of issues - Amendment sought to challenge the Will - Will in question came to knowledge of plaintiff only after written statement was filed - Proposed amendment would be necessary for determining real question in controversy - Application allowed subject to payment of Rs.30,000/- as costs...........
