Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - First Appellate Court has considered each and every aspect of the matter and dealt with arguments as well as evidence available on record in detail and only thereafter had held that there was no ground to interfere in the judgment and decree - In such nature of decision having been passed..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Non-executant of a document is not required to seek its annulment in terms of S.31 of the Act...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Non-executant, one who is not a party to document, cannot seek its cancellation but may instead pray for a declaration that such an instrument is null, void, or not binding upon him...........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Application filed U.O.21.R.31 CPC cannot be decided on the basis of evidence led in an application filed U.O.21.R.32 CPC when High Court in an earlier order had directed that evidence led by applicant in the application filed U.O.21.R.32 CPC could not be looked into while deciding application U.O.21.R.31 CPC...........
Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Arbitral award - Interest - Power of tribunal to award interest would operate if it is not otherwise agreed by parties - If there is an agreement between parties to contrary, arbitral tribunal would lose its discretion to award interest and will have to be guided by agreement between parties...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest - Arbitral tribunal awarded interest in terms of MOU from date of cause of action till date of repayment as per S.31(7)(a) of the Act - As the arbitral tribunal had expressly provided interest till date of repayment, question of additional or compound interest u/s 31(7)(b) of the Act would..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest - Once parties agree on interest regime, arbitrator's role is confined to enforcing it and Courts would not rewrite or enlarge award by introducing further interest at execution stage...........
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..........
Arbitration and Conciliation Act, 1996, Section 31(5) -- Arbitral award - Delivery of signed copy of arbitral award - Delivery to Assistant Engineer who was not a party to arbitration and who was not in a decision-making capacity to take further recourses on award would not be a valid service of award...........
