Make An Award - Law Dictionary Search Results
Home Dictionary Name: make an awardMake an award
Make an award, the expression 'make an award' is not tantamount to the preparation of an award on paper or even the signing of it by the Collector. This expression necessarily implies publication or announcement of the award or sufficient intima-tion of it so as to bring it to the knowledge of the party affected by it, Tilak Raj v. Prithi Pal Singh, AIR 1961 J&K 62 (64). [Land Acquisition Act, 1894, s. 18(2) Proviso Cl. (b)]...
Arbitration
Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...
Umpire
Umpire [fr. imperator or impar, Lat.]. A submission to arbitration usually provides that in case of arbitrators not agreeing in an award, the matters in dispute shall be decided by a third person, who is called an umpire. The umpire's authority commences when arbitrators are unable to agree, but if there be a time limited for the award, his authority absolutely commences from such time. the umpire, when called upon to act, is generally invested with the same powers as the arbitrators, and bound by the same rules and has to perform the same duties. See ARBITRATION and ARBITRATOR, and consult Russell on Arbitration.Also an officer appointed by the Crown who may also appoint one or more deputy umpires to hear appeals from Courts of Referee in connection with claims under the Unemployment Insurance Acts; see U.I. Act, 1935 (25 & 26 Geo. 5, c. 8), ss. 40, 44 and 45. See Selected Decisions of Umpire.An impartial person appointed to make an award or final decision usually when a matter has be...
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
functus officio
functus officio [Latin, having performed his duty, having served its purpose] : of no further official authority or legal effect [the warrant… had been returned and was functus officio "Cady v. Dombrowski, 413 U.S. 433 (1973)"] [once an arbitrator makes an award she is functus officio] used esp. of an officer who is no longer in office or of an instrument that has fulfilled its purpose ...
Not yet become binding on the parties
Not yet become binding on the parties, the expression 'not yet become binding on the parties' in Article V(1)(e) of the New York Convention postulates that the Convention has visualised as award which becomes binding at a point of time later than the making of the award. In other words the provision has in its contemplation the fact that an award in some cases may become binding only at a later stage. The award which is sought to have been enforced as foreign award will have thus to be tested with reference to the key words contained in Article V(1)(e) of the Convention and the question will have to be answered whether the award has become binding on the parties or has not yet become binding on the parties. The test has to be applied in the context of the law of the country governing the arbitration proceedings or the country under the law of which the award was made, Oil and Natural Gas Commission v. Western Company of North America, AIR 1987 SC 674 (684): (1987) 1 SCC 496: (1987) 1 S...
arbitrator's award
arbitrator's award : the decision an arbitrator makes concerning a dispute called also arbitrament ...
Supersede
Supersede, means 'to take the place of by reason of superior right, to make useless by superior power, to replace, to set aside, Food Inspector v. Hameed, (1983) Ker LT 901: (1983) FAJ 443: (1984) 1 FAC 41.The word 'supersede' in law, means 'obliterate, set aside, annul, replace, make void or inefficacious or useless, repeal', Calcutta Municipal Corporation v. Pawan Kumar Saraf, AIR 1999 SC 738 (740): (1999) 2 SCC 400. [Prevention of Food Adulteration Act, 1954, s. 13(3)(5) Proviso]1. To annual, make void, or repeal by taking the place of 2. To invoke or make applicable the right of supersedeas against an award of damages, Black's Law Dictionary, 7th Edn., p. 1452....
Such prisoner shall be confined in a cell apart prisoners
Such prisoner shall be confined in a cell apart prisoners, the expression 'such prisoner shall be confined in a cell apart prisoners' has a restricted meaning. It must be given a rational meaning to effectuate the purpose behind the provision so as not to attract the vice of solitary confinement. S. 366(2) of the Cr.P.C. enables the Court to commit the convicted person who is awarded capital punishment to jail custody under a warrant. It is implicit in the warrant that the prisoner is neither awarded simple nor rigorous imprisonment. The purpose of the sub-s. (2) s. 366 is to make available the prisoner when the sentence is required to be executed. He is being kept in jail custody. After the sentence becomes executable he may be kept in a cell apart from other prisoners with a day and night watch. But even here, unless special circumstances exist, he must be within the sight and sound of other prisoners and be able to take food in their company, Sunil Batra v. Delhi Administration, AIR...
manifest
manifest 1 : capable of being readily perceived by the senses and esp. by sight [a injury] 2 : capable of being easily understood or recognized : clearly evident, obvious, and indisputable [vacating an arbitrator's award because of the arbitrator's disregard of the law] man·i·fest·ly adv vt : to make evident or certain by showing or displaying [ing the intent to make a gift] man·i·fes·ta·tion [ma-nə-fə-stā-shən, -fe-stā-] n n : a list of passengers or an invoice of cargo for a vehicle (as a ship or plane) ...
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