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Arbitration and Conciliation Act, 1996 – Section 34 and 37 – Challenge to arbitral award – Improper constitution of arbitral tribunal – Interpretation of Clause 8.3(b) of the agreement – Co-arbitrators’ power to appoint the presiding arbitrator after 30 days – High Court’s upholding of arbitral tribunal’s decision – Appeals dismissed. Police Recruitment — Criminal Antecedents — Suitability for Appointment — A candidate with criminal antecedents, even if acquitted by giving benefit of doubt, can be deemed unsuitable for police service by the screening committee, as the employer has the right to assess character and integrity for a disciplined force. Tamil Nadu Electricity Board Service Regulations, 1967 — Regulations 10(9), 87, and 97 — Seniority of direct recruits — Determination of date of appointment — A person is considered on ‘duty’ when performing duties of a post or undergoing probation or training — Appointed to a class of service when discharging duties or commencing probation or training — Seniority is determined by rank in the approved list; probation starts from joining duty — Training is part of service, not a reason to exclude it from seniority calculation. — Division Bench misinterpreted Regulations by stating seniority commences from probation start date — Appeals allowed, High Court judgment set aside. Companies Act, 2013 — Sections 241, 242, 244, 59 — Oppression and mismanagement — Interim protection — Supreme Court’s role is to preserve the subject matter of the dispute until the competent forum adjudicates the matter — Interim measures should ensure that the subject matter remains protected while allowing the statutory forum to proceed with adjudication. Indian Penal Code, 1860 (IPC) — Section 302/149 — Murder — Conviction and sentence for life imprisonment — Unlawful assembly and common object — Accused alighting from a bus together, armed with firearms, establishes unlawful assembly with a common object — Vicarious liability under Section 149 IPC applies to all members of the unlawful assembly — Presence in the assembly is sufficient for conviction even without overt acts by each individual.

Succession—Once ancestral property is devolved by succession, the property thereafter ceases to be joint family property, and no right to partition a property which is no longer joint family property continues to subsist in any member of the coparcenary. Law as it applies to joint family property governed by the Mitakshara School prior to the amendment of 2005, summarized

(2016) 160 AIC 1 : (2016) AIR(SCW) 1169 : (2016) 2 AIRJharR 118 : (2016) AIR(SC) 1169 : (2016) 3 ALLMR 451 : (2016) 2 AllWC 1474 : (2016) 115…

Civil Procedure Code, 1908, S.4(1)–Special or Local Law-Applicability of CPC– Held; whenever there is a special, local, or other law which deals with any matter specified in the Code, those laws will continue to have full force and effect notwithstanding that they deal with the same matter as is contained in the Code of Civil Procedure

(2016) 161 AIC 157 : (2016) AIR(SCW) 1213 : (2016) AIR(SC) 1213 : (2016) AllSCR 1820 : (2016) 1 BBCJ 516 : (2016) 3 CalHCN 126 : (2016) 3 CalHCN…

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