Issue for Consideration Issue arose for consideration whether the benefit of arrears of disability pension can be restricted to three years prior to filing of the original applications before the tribunal. Headnotes† Armed Forces Tribunal Act, 2007 – Claim for arrears of disability pension – Benefit of arrears of disability pension, if can be restricted to three years prior to filing of the original applications before the tribunal: Held: Disability pension is grounded not merely in length of service, but in the impairment
Issue for Consideration Whether a Court can entertain an application u/s.29A(5) of the Arbitration and Conciliation Act, 1996 to extend the mandate of the arbitrator(s) for making the award even after an ‘award’ is rendered, though after the expiry of the statutory limit of eighteen- Act, 1996 – s.29A, 29A(5) – Disputes between the parties, sole arbitrator appointed – Pleadings were completed on 20.08.2022 which was the commencement of the period of twelve months provided u/s.29A(1) for making the Award – Before the conclusion of twelve
Issue for Consideration Whether the disputes can be referred to arbitration or an arbitrator can be appointed when the very existence of arbitration agreement itself is seriously disputed on the allegations of forgery and fabrication; whether in the factual matrix of the case, the disputes to the arbitration u/s.8 of the Arbitration and Conciliation Act, 1996 and correspondingly whether the High Court was justified in declining the appointment of an arbitrator u/s.11 of the 1996 Act. Headnotes† Arbitration and Conciliation Act, 1996 – Impact of fraud on
Issue for Consideration If an arbitral tribunal - appointed by the High Court or by the parties concerned – does not complete proceedings within the required or extended time limit, can an application to extend time u/s.29A of the Arbitration and Conciliation Act, 1996 can be filed before Civil Court. Headnotes† Arbitration and Conciliation Act, 1996 – ss.29A, 11(6), 2(1)(e) – The present dispute arose out of Memorandum of Family Settlement (MFS) dated 11.01.2021 executed between the parties herein, who all form part of the ‘Chowgule’ family –
Issue for Consideration Issue arose whether the expression ‘date of Notification’ mentioned in para 2 of the Notification No.38/2015-2020, issued under the Foreign Trade (Development and Regulation) Act, 1992 can be interpreted to mean any date, other than the date of its publication and Regulation) Act, 1992 – Notification No.38/2015-2020, para 2 – Interpretation of the expression ‘date of this Notification’ – Appellants entered into sale contracts with exporters from China and South Korea, and on 05.02.2016 opened irrevocable letters
Issue for Consideration Effective implementation of the mandate of s.12, Right of Children to Free and Compulsory Education Act, 2009 ensuring admission of at least twenty-five percent of class strength in unaided schools with children of weaker and education. Headnotes† Constitution of India – Article 21A – Right to Education – Right of Children to Free and Compulsory Education Act, 2009 – s.12– Directions by Supreme Court for effective implementation of s.12 and its mandate – Inaccessibility of
Issue for Consideration Whether the Division Bench of the High Court in exercise of powers u/s.37 of the Arbitration and Conciliation Act, 1996 was justified to interfere with the judgment and order of the Single Judge of the High Court passed u/s.34 of the Arbitration and Conciliation the award of the Arbitral Tribunal. Headnotes† Arbitration and Conciliation Act, 1996 – Major Port Trust Act, 1963 – The respondent-Tuticorin Port Trust undertook a major dredging project and issued Notice Inviting Tender – The appellant-Dredging India was one of the