Arbitration and Conciliation Act, 1996, Section 7, 11, 16 -- Arbitration agreement - Existence of - When parties during negotiations contemplate the execution of a formal agreement incorporating the terms of the bargain, so long as a formal agreement has not been entered into, it may be open to contend that there was no concluded contract between the parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not to be granted against the execution of a lawful decree...........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1, 2 -- Temporary injunction - Execution of a decree - Injunction cannot be granted - Subsequent suit is barred on a plea which was available to a party in the previous suit - Courts below have exercised jurisdiction which did not vest in them in entertaining a suit against execution of a decree though all questions..........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction against execution of decree - Decree for possession - Execution filed - Another suit regarding same subject matter - Injunction granted against execution of decree - Decree passed after contest - No prima facie case made out in view of Sec. 11 of C.P.C. - Not open to the Courts below to grant injunction against..........
Civil Procedure Code, 1908, Section 47, Order 21,, Rule 97, 99 -- Decree passed after contest - Execution of decree - Suit against execution of decree - All questions regarding title and all objections should be decided by the executing Court alone and not by a separate suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Will earlier not in the knowledge of defendant - Dismissal of application on ground of moving application at belated stage and Will seems to be not genuine as written on a paper alleged to have been bought for execution of an agreement - Order upheld...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Execution of order of maintenance - Husband asked to remain personally present - Power of attorney holder cannot be allowed to represent the husband in the proceedings...........
Partnership Act, 1932, Section 32, 63, 72 -- Partnership - Liability of retiring partner to third party for acts of firm done before his date of retirement - Partner would continue to be liable to third party until public notice is given as to his retirement - Money decree against partnership firm and its three partners - Execution - Objection by partner that he retired..........
Civil Procedure Code, 1908, Section 38, 39, 42 -- Execution of decree - Powers of Executing Court - Sec. 38 provides that decree may be executed by the Court which passed it or by the Court to which it is send for execution - Sec. 42 indicates that the transferee Court to which the decree is transfered for execution will have the same powers in executing that decree as if..........
Civil Procedure Code, 1908, Section 39(4) -- (As per Amendment Act 22 of 2002 effective from 1.7.2002) - Execution of decree - Execution is sought to be proceeded against any person or property out side the local limits of the jurisdiction of the Executing Court - Nothing in Sec. 39 of the Code shall be deemed to authorize the Court to proceed with the execution...........
