Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Issue relating to arbitrability of dispute not raised in proceeding u/s 11(6) of the Act, neither said plea raised before Arbitral Tribunal nor before single Judge in proceeding u/s 34 of the Act - Thus, Division Bench was not justified while considering said plea for first time...........
Constitution of India, 1950, Article 142 -- Appeal - Notice issued by Supreme Court confined to specific issue - Court not precluded from considering controversy in its entire perspective at the final hearing and while doing so it is not inhibited by any observation, any order made at the time of issuing the notice, particularly when leave was granted subsequently...........
Agreement to sell -- Suit for specific performance - Refund of advance amount - Where money paid is part of sale price, forfeiture clause will be treated as having effect of penalty - Even in absence of a prayer for refund of advance sale amount by plaintiff, with a view to render complete justice, Court is empowered to mould relief and to issue appropriate direction to..........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Restraining respondent No.3 from releasing of bank guarantee on account of delay in execution and completion of project of water supply line - Exercise of extraordinary jurisdiction under Art.226 of Constitution - Court cannot issue injunction against invoking of such bank guarantee except in case of fraud or..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleading of L.R's - Death of sole defendant during pendency of suit - Notice of application U.O.22.R.4 CPC served on L.R's and if they do not appear, Court to accept the application U.O.22.R.4 CPC, take the legal representatives on record and thereafter, issue summons of the suit to the legal representatives...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 4 -- Ex parte decree - Setting aside - Death of sole defendant during pendency of suit - Notice of application U.O.22.R.4 served on L.R's but they did not appear - Court instead of adopting the correct procedure to accept the application U.O.22.R.4 CPC, take the legal representatives..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Object of S.10 CPC, is to avoid conflict of judicial decisions by preventing Courts of concurrent jurisdiction from simultaneously adjudicating upon two or more parallel suits in which matter in issue is substantially the same...........
Civil Procedure Code, 1908, Section 10, 11 -- Stay of subsequent suit - Res judicata - All invoices i.e octroi invoices and STIs raised by plaintiff in present suit are also in issue in earlier suit - Issues in earlier suit and in present suit are directly or substantially the same - If both suits are permitted to proceed, there will be two parallel trials on same issue by..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - Commonality of issues in two separate suits is not prohibited in law...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - An issue has to be framed where a material fact is asserted by plaintiff and denied by defendant...........
