Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Transferee pendente lite can be added as a proper party if his interest in the subject-matter of suit is substantial and not just peripheral...........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Pendente-lite interest - Arbitral tribunal can be denuded of its power to award pendente lite interest only if contract between parties is so worded that award of pendente lite interest is either explicitly or by necessary implication barred - A clause merely barring award of interest on delayed..........
Arbitration and Conciliation Act, 1996, Section 31(7)(b) -- Arbitral award - Pendente-lite interest - Agreement between parties proscribes grant of pendente-lite interest, when read as a whole, does not expressly or by necessary implication proscribes grant of pendente lite interest by arbitral tribunal - Clause merely says that there would be no interest payable by..........
Civil Procedure Code, 1908, Section 54 -- Partition - Pendente lite transferees - Appellants can raise appropriate claim before Collector in execution of decree transmitted u/s 54 CPC being representative of interest of his vendor and claim the right under JD, as he would be representing JD, decree can be enforced against him - However, he can definitely seek equitable..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Law as to: (i) For the purpose of impleading a transferee pendente lite, facts and circumstances should be gone into and basing on necessary facts, Court can permit such a party to come on record, either U.O.1.R.10 CPC or U.O.22.R.10 CPC,..........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by pendente lite transferee - Pendente lite transferee who is purported to be a stranger to decree has every right to defend his right, title, interest and possession in decretal property as per O.21.R.99 CPC...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Pre-reference and pendente lite interest - Power of Arbitrator to award pre-reference and pendente lite interest is not restricted when the agreement is silent on whether interest can be awarded or does not contain a specific term that prohibits the same...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Pre-reference and pendente lite interest - While pendente lite interest is a matter of procedural law, pre-reference interest is governed by substantive law - Therefore, grant of pre-reference interest cannot be sourced solely in S.31(7)(a) (which is a procedural law), but must be based on an..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Appellant has a registered sale deed in his favour and has therefore seemingly acquired an interest in the Subject Land - Whether or not the consideration was paid, is a disputed question of fact that shall be determined by Trial Court - Mere fact that registered sale deed was..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Petitioner purchased the property just prior to passing of judgment and decree of suit - He is thus, a purchaser pendente lite - Since petitioner has been able to show his substantial interest in the adjudication of the matter and he is going to be directly affected by any decision of..........