CPC, 1908 O.14 R.1, O. 6 R.1 – Pleadings – Decision cannot be based an grounds outside pleading of parties
CPC, 1908 O.14 R.1, O.6 R.1 - Pleadings - Object - Decision cannot be based an grounds outside pleading of...
Employment – Appointment – Suppression of relevant information – Collumn left blank.
Service Matter Employment – Appointment – Suppression of relevant information - In respect of the particular column in the verification...
Arbitration and Conciliation Act, 1996 . S. 34, 37 – Interest – Non grant of – Since the arbitral award had not recorded a finding with regard to the contentious issue of interest, it qualifies as a patent illegality
Arbitration and Conciliation Act, 1996 . S. 34, 37 – Interest – Non grant of - Since the arbitral award...
Employer – employee relationship – Burden of proving the relationship of employer and employee lies on the workman
Industrial Dispute Act, 1947, S. 2(s) - The law is well settled that the burden of proving the relationship of...
CANARA BANK v. THE STATE TRADING CORPORATON OF INDIA LTD., 2022 SCeJ 1309 (Del.)
2022 SCeJ 1309 (Del.) HIGH COURT OF DELHI AT NEW DELHI SATISH CHANDRA SHARMA, CJ. SUBRAMONIUM PRASAD, CANARA BANK v....
Arbitration and Conciliation Act, 1996 . S. 37 – No power to remand the matter to the arbitral tribunal.
Arbitration and Conciliation Act, 1996 . S. 37 – No power to remand the matter to the arbitral tribunal. “3....
Arbitration Act, 1996 – Discretionary power conferred under Section 34(4)
38. In absence of any finding on Point 1, as pleaded by the respondent and further, it is their case that relevant material produced before the arbitrator to prove “accord and satisfaction” between the parties, is not considered, and the same amounts to patent illegality, such aspects are to be considered by the Court itself. It cannot be said that it is a case where additional reasons are to be given or gaps in the reasoning, in absence of a finding on Point 1 viz. “whether the contract was illegally and abruptly terminated by the respondent?”. *** 40. Merely because an application is filed under Section 34(4) of the Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal. The...
Reason and Finding
"findings‟ and "reasons‟ in the following way: “37. In our view, Section 34(4) of the Act can be resorted to record reasons on the finding already given in the award or to fill up the gaps in the reasoning of the award. There is a difference between “finding” and “reasons” as pointed out by the learned Senior Counsel appearing for the respondent in the judgment in ITO v. Murlidhar Bhagwan Das . It is clear from the aforesaid judgment that “finding is a decision on an issue”. Further,...
Freelancer or freelancing are terms currently used to mean a person who is self-employed or an independent contractor in the business of selling their services and skills to different employers for a specified time period
Freelance - Implies a person who acts independently without being affiliated with or authorized by an organization and is distinguishable...
ID Act – High Court cannot sit in an appeal and substitute its view with that of the Labour Court
Industrial Dispute Act, 1947 - High Court cannot sit in an appeal and substitute its view with that of the...
KAUSHAL KISHOR SINGH v. SITA KUONI WORLD TRAVEL INDIA LTD., 2022 SCeJ 1301(Del.)
A-2022-SCEJ-1301Download
Vivaadon Ka Samadhan Scheme
Vivaadon Ka Samadhan Scheme – A concession has been granted in favour of the “Allottee” and who happens to be...
Appreciation Of The Uncorroborated Testimony Of The Prosecutrix
Testimony Of The Prosecutrix see also : Prosecutrix Evidence, Sexual Assault, Sexual Assault - Corroboration (i) Evidence of a prosecutrix...