Arbitration and Conciliation Act, 1996, Section 11, 42, 27, 37(2)(b) -- Execution of arbitral award - Pecuniary jurisdiction of Court - Merely because applications u/ss. 27, 37(2)(b) of the Act filed by judgment debtor during pendency of arbitral proceedings were entertained by Court, would not confer pecuniary jurisdiction in respect of matters having value below 5 lakhs...........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction order - Execution - Stay during pendency of appeal - Rent of Rs.600/- per month fixed almost 18 years ago - Stay of execution subject to payment of Rs.4, 000/- p.m. as mesne profits - Cannot be said to be excessive...........
Civil Procedure Code, 1908, Section 47, 34 -- Execution - Interest - From date of decree to date of realisation - When interest is not granted in the decree, Executing court has no power to grant the interest...........
Agreement to sell -- Suit for specific performance - Ready and willing - High Court holding lack of pleading of readiness and willingness - Conclusion contrary to pleadings - Plaintiff categorically stated in the plaint that he is always ready and willing to fulfill his part of the obligation and that defendants were evading the execution for one reason or the other - Suit..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Prohibitory injunction - Execution - Trees cut and removed in violation of decree - There can be no enforcement of the decree in the literal sense - Executing Court can fix the compensation, attach the property and keep it pending for six months enabling the J.D. who has violated the decree to pay off the amount and sell the..........
Stamp paper -- There is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document...........
Stamp Act, 1899, Section 54 -- Stamp paper - More than six months old - Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper - S.54 Stamp Act merely provides for refund of value of unused stamp paper and not for use of the stamp paper - There is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution,..........
Stamp Act, 1899, Section 47A -- Sale of immovable property - Stamp duty - Market value has to bee seen at the time of execution of sale deed and not at the time when agreement of sale was entered into...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Validity of order of attachment - Court considering objections as to the validity of an order of attachment exercises jurisdiction U.O.21.R.58 CPC and is therefore, required to decide all questions, including questions relating to any right, title or interest in the property attached - Adjudication..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Court considering validity of an order of attachment has to decide all questions relating to any right, tile or interest in the property for which Court is to provide a reasonable opportunity to the objector to establish the correctness of his objections...........
