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“Scheme of the Arbitration Act does not envision arbitration proceedings to cease with the death of a party. Section 35, Arbitration Act, extends the finality of an arbitral award not only to parties to the award, but also to ‘parties claiming under them’.”
“The complete embargo on the appearance of Advocates in Industrial adjudication is confined to conciliation proceedings alone.”
“The nominee is nothing but a trustee who holds money on behalf of all the legal representatives.”
The phraseology “right to sue survive” used under Order 22 Rule 1 means right to seek relief. The general rule is that cause of action whatsoever existing in favour or against a person at the time of his death survives to or against his legal representatives.
In a builder-home buyers’ dispute, the Supreme Court agreed with the builder ‘s argument that the rule embodied in Order XXI, Rule 4 of CPC, was applicable and the builder could not be fastened with any legal liability to pay interest after April 2005. The bench further opined that all courts and judicial forums should frame guidelines in cases where amounts deposited with the office or registry of the court or tribunal, should mandatorily be deposited in a bank or some financial institution, to ensure that no loss is caused in the future.
Delhi High Court: In a case, where petition was filed by a son against the assessment order and the notice
Kerala High Court: C.S. Dias, J., held that a married daughter and parents of the deceased woman are legal representative under the
Bombay High Court: S.M. Modak, J., dealt with some significant issues in a claim petition wherein a widow is earning and has
Supreme Court of the Democratic Socialist Republic of Sri Lanka: Full Bench of Buwaneka Aluwihare, Vijith K. Malalgoda, and S. Thurairaja, JJ.