Arbitration and Conciliation Act, 1996, Section 11, 8 -- Appointment of arbitrator - Refusal to refer parties to arbitration - In rare and exceptional case, where claims are ex facie time barred and it is manifest that there is no subsisting dispute, Court may refuse to make reference...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 34 -- Quashing of proceedings - Cheating - Dispute as to agreement to sell executed between parties - Ingredients of offences in question cannot be said to be absent on basis of allegations in FIR/complaint/charge sheet - Though FIR/charge sheet indeed reveal commercial transaction but..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce decree against wife - Appeal filed by wife - Order permitting withdrawal of appeal without quashing decree of divorce - Husband and wife started cohabiting under order of Court, as there was consensus of ending dispute between them and on statement of wife appeal was withdrawn against decree of divorce - However,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 10 -- Cancellation of settlement deed in favour of sons - No provision in settlement deed for basic amenities and basic physical needs to the settlers - Tribunal did not attempt to conciliate dispute as mandated u/r 10..........
Service -- Promotion - State Civil Service Officers cadre to IAS - Creation of State of Uttarakhand after reorganization of UP - Dispute as to reconsideration of respondent for inclusion in an earlier select list for promotion to IAS in State of Uttarakhand due to promotion of his junior in IAS by being included in select list of earlier years - However, no attempt made..........
Insolvency and Bankruptcy Code, 2016, Section 9 -- Application u/s 9 of the Act - Appellant being retired employee of Corporate Debtor claimed arrears of his salary - Three acknowledgements of liability issued by company - From date of last acknowledgement till date on which petition before NCLT was filed, three years have not elapsed - Arrears of salary due for a period..........
Civil Procedure Code, 1908, Section 89 -- Out of Court settlement - Refund of Court fee - Parties settled dispute out of Court without taking recourse to modes enumerated u/s 89 CPC - Petitioner entitled to refund of full Court fee...........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 295-A IPC - Quashing of FIR - Allegation that accused by putting a comment on his Facebook, hurt religious feelings of Hindu community - However, words used by accused do not convey even remotely the meaning which complainant seeks to extract out of expression - There is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Physical possession of plaintiff appears to be in dispute - Court should not pass an order of temporary injunction as it would impinge upon possession of co-owners unless there is convincing and cogent materials shown by such litigant evincing the physical possession in the joint..........
Bank locker -- Proper procedure for operating and allotting lockers be followed, viz. (a) maintenance of a locker register and locker key register; (b) Locker register shall be consistently updated in case of any change in allotment; (c) Bank shall notify the original locker holder prior to any changes in the allotment of the locker, and give them reasonable opportunity..........
