Criminal Procedure Code, 1973, Section 319 -- Additional accused - Court can exercise power u/s 319 Cr.P.C. on an application made to the Court or by the Court suo motu - It is in the discretion of the Court to take an action under the said section and the Court is expected to exercise the discretion judicially and judiciously having regard to the facts and circumstances..........
Arbitration and Conciliation Act, 1996, Section 34(2) -- Arbitration award - Setting aside - Principles laid down - An arbitration award can be set aside when it is (i) contrary to substantive provisions of law ; or (ii) the provisions of the Arbitration and Conciliation Act, 1996 ; or (iii) against the terms of the respective contract ; or (iv) patently illegal, or (iv)..........
Arbitration and Conciliation Act, 1996, Section 7, 11 -- Arbitration agreement - Fax agreement signed by parties - Held, faxed agreements are acceptable under Section 7 of the Act...........
Arbitration and Conciliation Act, 1996, Section 7, 11 -- Arbitration agreement - Charter party agreement - Fax copy of same signed by both the parties - Plea that it is not an arbitration agreement as it is (1) a copy, not the original; (2) is stamped by one, not by both parties; (3) one of the parties did not sign every page; and (4) it was first sent vide fax -..........
Indian Penal Code, 1860, Section 420, 467, 471, Criminal Procedure Code, 1973, Section 320, 482 -- Offence of cheating is compoundable but not the offence of forgery, but High Court in exercise of its inherent powers can quash criminal proceedings as Section 320 Cr.P.C. does not limit or affect the power of High Court u/s 482 Cr.P.C...........
Motor Vehicles Act, 1988, Section 149 , 170 -- Civil Procedure Code, 1908, Order 41 Rule 33 - Quantum of compensation - Appeal by claimant - Neither owner nor driver of vehicle nor insurance company filed any appeal - Insurance company would have no right to question the quantum of compensation in absence of any leave having been granted in its favour in terms of Section..........
Consumer Protection Act, 1986, Section 2(1)(g), Interest Act, 1978, Section 3, Civil Procedure Code, 1908, Section 34 -- Housing - Plot allotment - Interest rate - Charging on additional amount - Nothing in agreement which provides for rate of interest to be levied on the additional price on account of enhancement of acquisition cost - It has to be in keeping with..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - For bringing in operation of Exception 4 to Section 300 IPC, it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner...........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Retrenchment - In the event of retrenchment of a workman, employed in any industry, continuously for not less than one year under an employer, compliance with the provisions of Section 25F of the Act, in particular clauses (a) and (b) thereof is mandatory - Conditions which must be satisfied are : (i) the workman is..........
Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 2(c) -- When both the essential of S.2(c) viz. (i) making of quick or easy money, and (ii) it is dependant upon an event or contingency relative or applicable to the enrolment of members into the scheme are present then scheme is squarely covered by the Section...........
