Succession Act, 1925, Section 374, 377 -- Succession certificate - Shares of claimants not specified in the certificate - Objection not raised by claimants - Objections raised by opposite party - Not sustainable...........
Arbitration and Conciliation Act, 1996, Section 5, 8(3), 16, 34 -- Arbitration agreement - Validity - Objections qua existence and validity of arbitration clause/agreement and jurisdiction of arbitrator can be taken before the Arbitral Tribunal itself and Arbitrator can rule on his own jurisdiction - If he wrongly refused to entertain or decide the objection, the party has..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Interim order - Sole test is not whether such order is passed during the interim stage - The feasible test is whether by upholding the objections raised by a party, would it result in culminating the proceedings, if so any order passed on such objections would not be merely interlocutory in nature as envisaged in..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 99, 103 -- Execution - Objections by stranger - A person in possession has a right to obstruct execution of warrant of possession if he was not a party to the decree - R.97(1) is comprehensive enough to include judgment debtor and any person claiming through him and even person claiming independently, may be even..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Execution - Objections - Property purchased after passing of the decree - Person who transferred the property to the objector had prima facie no title to the property on the date of execution of the sale deed - Objections that objector was not party to the suit..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Offer of alternate property - Different property cannot be substituted for original one specified and attached, if objected to by the other party either on ground that alternate property offered as security is much less in value than plaint claim or on ground that party offering it has no title..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Have to bear a reasonably close connection with the matters in question - Interrogatories are to be allowed whenever the answer to them will serve either to help the party in proving his case or to destroy the case of the adversary - Possible objections specifically mentioned in O.11.R.6 CPC have also to be..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Report - Objections raised - Report of the Local Commissioner cannot be relied upon and treated as evidence without first deciding the objections made thereto by a party...........
Civil Procedure Code, 1908, Order 21, Rule 97(1) -- Execution - Objections by third party in possession - The same cannot be rejected on ground of maintainability - Orders passed by the two Courts below cannot be sustained - Direction to executing Court for expeditious disposal of petitioners application U.O.21.R.97(1) CPC...........
Arbitration Act, 1940, Section 14, 30, Civil Procedure Code, 1908, Section 47 -- Award made rule of Court - Party cannot raise objections during execution proceedings to assail decree as invalid merely on the ground that award was filed into Court beyond time limit prescribed in the Act...........
