Arbitration and Conciliation Act, 1996, Section 34, 37 -- Arbitral award - Claim related to loss of profit, profitability or opportunities to succeed - Conditions to be satisfied are : (i) There was delay in completion of contract; (ii) such delay is not attributable to the claimant; (iii) the claimant's status as an established contractor, handling substantial projects;..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors on the date of issuance of cheque and who signed the cheque as authorised representative of company but not directors on the date when cheque was presented to bank for encashment - Status of Directors can be tested and adjudicated upon by trial Court after parties..........
Revenue record -- Mere entry in the column of possession is not sufficient to confer the status of tenant upon a person and payment of rent is to be established by the person claiming tenancy...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Even in the absence of definite proof of income, social status of deceased is to be kept in perspective where such persons are employed in unorganized sector and notional income in any event is required to be taken into consideration...........
Hindu Marriage Act, 1955, Section 12, Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 75E, 151 -- Annulment of marriage - Status of potency - Medical test - Denial of marriage - Matrimonial Court has power to order a person to undergo medical test - It cannot be contended that relief cannot be granted in the present merely because marriage was denied...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband is getting monthly salary of Rs.50,000 and he is owing 11 houses and getting Rs.90,000 as rent - He has not specifically disputed factum of owing houses and leasing out the same to third parties - Considering the economic status of parties, fixation of monthly maintenance at Rs.10,000 each..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kgs opium - Testimony of official witnesses - Cannot be discarded on the round of their official status...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Subsequent purchaser from co-sharers of a joint family property proceeded with construction of property without land being partitioned amongst co-sharers or divided through settlement - No demarcation has taken place over land in question - In absence of partition or demarcation, it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Order when not specific - It should be read and construed only in relation to the prayer made in the application for temporary injunction - Scope of order of status quo cannot be expanded to other things beyond the prayer made in the application for temporary injunction...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment of Local Commissioner to prepare a report about existing status of premises which has been leased out and his report would facilitate Court in adjudication of the matter - Order appointing Local Commissioner, upheld...........
