Executing Court should execute decree without imposing onerous condition: Punjab and Haryana High Court
In the present case, the Executive Court imposed a condition directing the petitioner to furnish a bank guarantee for release of the amount.
In the present case, the Executive Court imposed a condition directing the petitioner to furnish a bank guarantee for release of the amount.
“The issue with regard to the time barred claim is not to be gone into at the reference stage under Section 11 of the Arbitration and Conciliation Act, 1996 but can be seen only by the Arbitrator/Arbitration Tribunal at the relevant stage.”
A dispute arose between Karan Paul and K.P.H. Dream Cricket Pvt. Ltd. Owner of IPL franchise Punjab Kings which was to be decided by the Sole Arbitrator as per the Company’s Articles of Association.
The petitioner while appearing in first semester in the subject of Law of Contract was found with handwritten notes, which were in his own handwriting and the same answers were copied at Pages 16 and 17 of answer book.
Had it been a case that there was any law provision applicable to students for scaling down or reducing of the marks, then it would have been a different situation. However, in the absence of any authority of law, the exercise was conducted by the clerical staff on their own without any guidelines or any rules and regulations.
The reason for the cancellation of the petitioner’s result was “failure in biometric” whereas the respondent-board admitted that the petitioner had allergic/fungal infection in his hands. Such reasoning given by the respondent-board is absolutely unsustainable and rather obnoxious in nature.
Petitioner was a young girl of 27 years, when the impugned letter was passed and she could not do anything for the next four years because of the aforesaid letter, which was passed without the authority of law. It has seriously affected her career and studies apart from other incidental consequences.