Civil Procedure Code, 1908, Section 115, Arbitration and Conciliation Act, 1996, Section 17 -- Revision - Tenability - Order setting aside interim measures taken by arbitrator for protection of bank guarantee given by contractor - Revision against - During pendency of revision award passed - Life of interim measure taken by arbitrator, thus, comes to an end - Revision..........
Prevention of Corruption Act, 1988, Section 13, 7 -- Bribe - Trap - If the background which led to the execution of a successful trap is shaky or stands on a doubtful ground then the trap cannot be said to be a successful one...........
Will -- Execution - Proof - Attesting witnesses not signed the Will in presence of testator and in presence of each other - Will can be proved by other evidence in terms of S.71 Evidence Act only when attesting witness has denied his signature on the document itself and not when there is positive statement of attesting witness that he signed the will but not in the..........
Will -- Execution - Proof - Sub Registrar - At the time of registration Sub Registrar read over the will - However, will was already attested - Neither the testator nor the attesting witnesses signed the Will in presence of Sub Registrar - Sub Registrar did not attest the Will with intention to attest the Will as a witness as such his statement cannot be taken as that of..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - For conviction under the provision there should be intent coupled with some overt act in execution thereof - It is not essential that bodily injury capable of causing death should have been inflected - Nature of injury actually caused may often give considerable assistance in coming to a finding as to the..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2(i) & 97 -- Ejectment order - Execution - Objections - Fresh tenancy alleged to be created by one of the D.H. - Execution cannot be stayed - Any adjustment of decree which is not recorded by Court U.O.21.R.2(i) cannot be recognised by the executing Court and that too within the prescribed period of limitation of 30..........
Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution - Arrest and detention - Rule 40 is not only procedural but also mandatory in nature and confers certain powers upon the executing Court during the pendency of an enquiry to be conducted - `Enquiry' contemplated under rule 40 means an enquiry with regard to defence, if any, taken by J.D. and also to enquire..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention - Application for arrest and detention of J.Drs. for recovery of decretal amount - Order of attachment of salary of one of the J.Drs. when application is made under rule 37 is unwarranted and uncalled for...........
Civil Procedure Code, 1908, Order 2, Rule 9 -- Additional written statement - Filing of - Application moved - Circumstance under which it can be allowed - Execution of admission deed and questioning its validity based on legal position by way of additional Written Statement - Plea not inconsistent with already filed written statement - Does not amount to withdrawal of..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution of motor accident award - Order of attachment of land of judgment debtor - Objector claimed that he is owner of said land - Decree holder has attached revenue record to prove that said property is a joint Hindu family coparcenary property - Coparcenaries Status not objected - Owner to the extent of half share by..........
