Arbitration Act, 1940, Section 17, Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Arbitration award - Execution - It is the duty of the executing Court to X-ray the award and to lift the veil to find out what material was available before the arbitrator to have come to his conclusions - It is not the duty of the executing Court to decide whether the award was right or..........
Civil Procedure Code, 1908, Section 51(d), Order 21, Rule 50, Civil Procedure Code, 1908, Order 40, Rule 1 -- Decree against firm - Execution - There is no bar for the Court to invoke powers U.O.40.R.1 to appoint receiver to proceed against the property of the firm...........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Part payment of decretal amount from time to time - Adjustment - To be applied first towards the decretal amount which bears interest or which carries interest - It is not open for the D.H. to appropriate payments received by him to that part of the decretal liability which did not bear any interest...........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 90, 92 -- Sale - Confirmed - Appellate Court setting it aside - Fact that it was confirmed earlier by executing Court is immaterial...........
Civil Procedure Code, 1908, Order 21, Rule 5 -- Decree sent directly to another Court for execution - Plea that it should have been sent to the District Court - Held, there is no bar for the Court passing the decree to send it directly to such other Court in another State for its execution...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22 -- In response to notice U.O.21.R.22 CPC if J.D. fails to raise objection, he is debarred from raising objection to executability of decree subsequently and same must be taken to be barred by time...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Objections - Decision is not required to be made by adopting procedure as if it was civil suit - Objections can be decided on basis of affidavits...........
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 18, 19, 20, 21, 22, 23 -- Judgment on admission - Judgment can be passed if admission is there in the pleadings - As admission for passing the judgment is based on pleadings itself as such it is unnecessary to examine as to what kinds of admissions are covered by Order XII, Rule 6 CPC...........
Civil Procedure Code, 1908, Section 11, 2(2), Order 21, Rule 22, 23 -- Res judicata - Applies to execution proceedings - J.D. did not file objections to execution of decree in pursuance of notice U.O.21.R.22 within prescribed time - Court proceeding with attachment of property U.O.21.R.23 - J.D. thereafter is precluded from filing objections to continuance of execution..........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Mortgage debt - Attachment of property for that purpose - Contention that there is no requirement of attaching the property because the property is already subject to charge and attachment is wholly unnecessary - Held, mortgage and attachment operate in different fields - Property has to be attached before sale for..........
