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J. B. PARDIWALA, K. V. VISWANATHAN
Urban Infrastructure Real Estate Fund – Appellant
Versus
Neeklanth Realty Private Limited – Respondent
| Table of Content |
|---|
| 1. factual basis of the dispute (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. court's analysis on issues raised (Para 12 , 13 , 59 , 60 , 61 , 62 , 63 , 64) |
| 3. summary of petitioner's submissions (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 4. ratio decidendi on limitation issue (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 67) |
| 5. conclusion and order for next steps (Para 138 , 139) |
JUDGMENT :
J.B. PARDIWALA, J.:
For the convenience of exposition, this judgment is divided into the following parts: -
| INDEX | |
| A. | FACTUAL MATRIX |
| I. The Interim Award. | |
| II. The Decision of the Single Judge under Section 34 of the Act, 1996 | |
| III. The Impugned Decision. | |
| B. | SUBMISSIONS ON BEHALF OF THE PETITIONER |
| C. | ISSUES FOR DETERMINATION |
| D. | ANALYSIS |
| I. Whether the Preliminary Issue on the question of limitation decided on demurrer, could have been foreclosed by the arbitrator? | |
| a. The definition, scope and nature of the term “demurrer”. | |
| b. The legal position in the United States | |
| i. Demurrer to Evidence | |
| ii. Demurrer to Declaration | |
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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