Arbitration and Conciliation Act, 1996, Section 34 -- Scope - When order is passed without recourse to arbitration and in utter disregard to provisions of the Act, S.34 of the Act will not apply...........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(3) -- Conciliation proceedings - Appellant failed to appear in proceedings for conciliation on very first date of appearance - As per S.18(3) of the Act, when conciliation fails and stand terminated, dispute between parties can be resolved by arbitration - Facilitation Council did not initiate arbitration..........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Willful disobedience of order of Supreme Court - Land acquisition proceedings - Respondents issued fresh notification consequent to order of Supreme Court - Pursuant to fresh notification, award inquiry was conducted and petitioner filed its claim petition - It cannot be said that respondents have deliberately..........
Service -- Regularization of employee working on adhoc basis - Petitioner not completed 240 days of regular work in terms of Resolution applicable - Name of petitioner thus, not included in list of employees who were regularized by Committee - Order denying regularization of service of petitioner held, proper...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 24, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1,37,665 tablets weighting 90 kgs - Bail - Large number of tablets were recovered from accused - However, prosecution cannot be heard to state at this preliminary stage that accused have been found to be in possession of commercial..........
Service -- Compassionate appointment - Application for compassionate appointment of respondent initially rejected in 2011 and was thereafter again reconsidered in 2014 - Absent a case of palpable arbitrariness, there was no reason for High Court or Tribunal to interfere with evaluation conducted by authorities in terms of applicable guidelines - Moreover, grant of..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Quashing of proceedings - While quashing criminal proceedings, High Court embarked upon an enquiry as to reliability and genuineness of evidence collected during investigation as if High Court was conducting mini trial -..........
Will -- Suspicious circumstance - No evidence on record as to whom testator gave instructions to, to write Will - Scribe has also not been examined - It is also not known as to whether assistance of an advocate or any other trustworthy person was taken by testator in order to make testament and bequeath the property to only son of testator - Will held, not reliable...........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Compensation - Fixation of market value of dry lands - Market value of land subject matter of Exhibit A-4 was Rs.75,000 per are - Reference Court found that land in question was better located than acquired lands, therefore after deducting 20% from rate of Rs.75,000 per are, Reference Court fixed market value..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Compensation - Fixation of market value of dry land - Reference Court fixed market of land subject matter of Exhibit A-2, admeasuring 0.80 areas at Rs.40,000 - High Court without recording any reasons brought down the market value to Rs.34,158 per are - Market value of dry land fixed by Reference Court is on..........
