Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection by transferee pendente lite - Appellant is a purchaser post-arbitral award for recovery of amount - Execution proceeding was pending when sale deed was entered into between respondent No.2 and appellant - Moreover, appellant failed to discharge the onus on sale being without notice of..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objection - Judgment debtor cannot defeat a decree by alienating property after decree is passed but before decree is realized...........
Arbitration and Conciliation Act, 1996, Section 36 -- Arbitral award - Execution - Arbitral award is enforceable in the same manner as if it were a decree of Court essentially, a deemed decree...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Limitation - How a bank classifies its debt for managing its balance sheet is not a factor determining starting point of limitation more so, when debt is restructured and is acknowledged in fresh working capital consortium agreements entered for availing credit facilities - What is relevant..........
Civil Procedure Code, 1908, Order 21, Rule 10, 11 -- Execution petition at the instance of a person who is neither D.H. nor an assignee/transferee/LR of DH is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Company - Complaint by power of attorney holder - When attorney is totally unaware as to how when and why cheque was issued, he cannot prove execution merely on the basis of available record - Presumption will arise only when execution of cheque is proved - If complainants witness has no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - A person who only became associated with company after transaction and who relies purely on records, cannot prove execution of cheque or transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - No specific averment in complaint that attorney holder witnessed the transaction as an agent of company or that he is having knowledge regarding transactions and execution of cheque - His proof affidavit shows that he became conversant with facts of case..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Violation of decree of injunction - Executing Court passed the detention order without issuing notice or affording any opportunity of hearing to JD - Such an order which entails deprivation of personal liberty is in clear violation of principles of natural justice - Failure to follow..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Application u/s 47 CPC was filed when execution proceeding was concluded - Application dismissed being not maintainable...........
