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“Only the Court that entertains the petition of compromise can determine its legality, at the time of recording the compromise or when it is questioned by way of a recall application. No other remedy is available to the party who is aggrieved by the compromise decree as an appeal and fresh suit are not maintainable under the CPC.”
“Jurisdiction of the Industrial Court is also to the exclusion of the civil courts and is not arbitrable.”
The Arbitration and Conciliation Act, 1996 does not prohibit Public Sector Undertakings from empanelling potential arbitrators, however, an arbitration clause cannot mandate the other party to select its arbitrator from the panel curated by PSUs.
The Court pointed out that small excesses like overtaking the vehicle of one’s senior at a railway crossing may be an incident of indiscipline in defense services, but the balance and proportion that needs to be maintained between such an infraction and its punishment will always be at the core of good governance.
It was observed that the Complaint/FIR was replete with just one theme i.e. that the appellants are threatening the respondents that they will deny them share in the property. The Complaint/FIR was intended only to further their interest in the civil dispute.
“The High Court recorded an incongruous finding that if the offending truck had not been parked on the highway, the accident would not have happened even if the car was being driven at a very high speed. Therefore, the reasoning of the High Court on the issue of contributory negligence is riddled with inherent contradictions and is paradoxical”
To resolve the questions arising and considering the uncertainties regarding time-lapse between the date of the award and its enforceability and the ever-fluctuating exchange rates, the Court formulated twin principles.
The Court has affirmed the power of the Arbitrator to grant pre-reference, pendente lite, and post-award interest on the rationale that a person who has been deprived of the use of money to which he is legitimately entitled has a right to be compensated for the same.
“Legal reform through legislative correction improves the legal system and it would require assessment of the working of the law, its accessibility, utility and abuse as well. Executive branch has a constitutional duty to ensure that the purpose and object of a statute is accomplished while implementing it, along with duty to closely monitor the working of a statute and must have a continuous and a real time assessment of the impact that the statute is having.”
Supreme Court found the Industrial Tribunal justified in giving an award on a reference by the Central Government, and the Tribunal’s findings as unassailable.
“The principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused.”
The Supreme Court did not find any place for a ‘deemed appointment' and held that the selection process concludes only after the mandatory approval of the DIOS is granted.
The Supreme Court observed that an owner of land may not have an absolute and unqualified right which is the idea which not unnaturally comes to mind when the idea of ownership is under consideration.
The woman lost her father during the Covid-19 pandemic and her mother is unwell. She also has a married sister, 10 years older to her. However, all of them showed their inability to raise the child.
by Sucheta Sarkar†