Grievance Arbitration - Law Dictionary Search Results
Home Dictionary Name: grievance arbitration Page: 6 Page 6 of about 130 results (0.004 seconds)But not thereafter
But not thereafter, As far as the language of s. 34 of the 1996 Act is concerned, the crucial words are 'but not thereafter' used in the proviso to sub-s. (3). This phrase would amount to an express exclusion within the meaning of s. 29(2) of the Limitation Act, and would therefore bar the application of s. 5 of that Act. To hold that the court could entertain an application to set aside the award beyond the extended period under the proviso, would render the phrase 'but not thereafter' wholly otiose, Union of India v. Popular Construction, (2001) 8 SCC 470. [Arbitration and Conciliation Act, 1996, s. 34(3)]...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Legal representative
Legal representative, a 'legal representative' ordinarily means a person who in law represents the estate of a deceased person or a person on whom the estate devolves on the death of an individual, Gujarat State Road Transport Corporation v. Ramanbhai Prabhat Bhai, AIR 1987 SC 1690 (1699): (1987) 3 SCC 234: (1987) 3 SCR 404. [Motor Vehicles Act, (4 of 1939), s. 92A]The definition of 'legal representatives' includes heirs as well as persons who represent the estate even without title either as executors or administrators in possession of the estate of the deceased, Custodian of Branches of BANCO National Ultramarino v. Nalini Bai Naique, AIR 1989 SC 1589 (1591): (1989) Supp 2 SCC 275: (1989) 2 SCR 810.It has the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908. [Wealth-tax Act, 1957, s. 2 (lb)]It means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased person, and...
Speculative transaction
Speculative transaction, a transaction is not 'speculative' within the meaning of sub-s. (5) of s. 43, Income Tax Act, 1961 where there is a breach of the contract and on a dispute between the parties damages are awarded as compensation by an arbitration award. The definition of 'speculative transaction' in s. 43(5) has to be interpreted by importing the sense conveyed by the law relating to the contracts, Commissioner of Income Tax v. Shantilal Pvt. Ltd., AIR 1983 SC 952 (954): (1983) 3 SCC 561: (1983) 3 SCR 470. [Income Tax Act, 1961, s. 43(5)]Explanation 2 to s. 24(1) of the Income Tax Act defines a speculative transaction as 'a transaction in which a contract for purchase and sale of any commodity including stocks and shares is periodically or ultimately settled otherwise than by the actual delivery or transfer of the commodity or scrips .......'. It is apparent that what is contemplated is a real or factual delivery or transfer, and not a notional delivery or transfer, Jute Invest...
Submission
Submission, means an agreement to submit a dispute to and abide by the decision of an arbitrator, Albert v. Goor, 218 P 2d 736 (1950).Submission, usually applied to the reference of a contended matter to a third party, i.e. an arbitrator, Mohammed Haji Hamed v. Pirojshaw, AIR 1932 Bom 34.Submission. See ARBITRATION....
Account or Accompt
Account or Accompt [fr. compte, Fr., computo, Lat.], a registry of debts, credits, and charges, or a detailed statement of a series of receipts (credits) and disbursements (debits) of money-which have taken place between two or more persons. Accounts are either-(1) open, where the balance is not struck, or it is not accepted by all the parties; (2) stated, where it has been expressly or impliedly acknowledged to be correct by all the parties; and (3) settled, where it has been accepted and discharged. Stated and settled accounts may be investigated and reopened by the Court on the ground of fraud or fiduciary relationships. See SURCHARGE and FALSIFY.Companies under the Companies Act, 1929, must keep proper books of account, and present to the company in general meeting not less than 18 months after incorporation and subsequently at least once in every year a profit and loss account and balance sheet, to copies of which shareholders of all companies, except private companies, are entitl...
Case stated
Case stated, a narrative (agreed upon by both parties to an action, or drawn up by an impartial person agreed upon by them or settled by the Court or a judge) setting forth the facts and points in dispute, with a view to a prompt decision. By R.S.C. 1883, Ord. XXXIV., the parties after writ may concur in stating questions of law in the form of a special case, or if it appear to the court or a judge from the pleadings or otherwise that there is a question of law which it would be convenient to have decided in that manner, they or he may order a special case to be stated. See Special Case.As to cases stated by justices of the peace on points of law only for the High Court, see (English) Summary Jurisdiction Act, 1857 (20 & 21 Vict. c. 43), (English) Review of Justices Decisions Act, 1872 (35 & 36 Vict. c. 26), and (English) Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 33; see also Arbitration; Chitty's Statutes, tit. Justices'; and see R. v. Woodcock, (1907) 2 KB 104....
shareholder control agreement
shareholder control agreement : a written unanimous agreement of shareholders that transfers control of specified areas of corporate governance (as election of directors and officers, issue of dividends, employment of shareholders, or arbitration of disputes) from directors and officers to the shareholders ...
arbitrate
arbitrate -trat·ed -trat·ing vt 1 : to act as arbitrator for 2 : to bring to arbitration for settlement [agreed to their dispute] vi : to act as arbitrator ar·bi·tra·tive [-trā-tiv] adj ...
Parties interested
Parties interested, the expression 'parties interested' means those who are interested in the result of the suit and they need not be arraigned as defendants or plaintiffs, AIR 1966 J&K 1(7). (Arbitration Act, 1940, s. 21)...
- << Prev.
- Next >>