Land Acquisition Act, 1894, Section 4(1), Constitution of India, 1950, Article 226 -- Acquisition of land - Writ petition - Delay and lashes - Notification was issued in the year 1994 and till date no steps have been taken by Housing Board and therefore, question of delay and laches will not come in way of appellants - Otherwise also, appellants on an erroneous advice have..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Disputed question cannot be gone into while deciding writ petition...........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of execution petition - Execution proceedings transferred from Pune to Nalagarh on the ground that suit property is situated within territorial limits of Court at Nalagarh - However, Court at Nalagarh was not having pecuniary jurisdiction to try the suit, same obviously not having jurisdiction of executing decree so..........
Hindu Marriage Act, 1955, Section 13 -- Decree of divorce granted in favour of husband - Review petition by wife - Marriage between parties irrevocably broken on account of various acts of wife - Wife admitted that there was no matrimonial harmony left between husband and wife and matrimonial relations had fractured - Husband was treated with cruelty which justifies..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 979 days in filing application for setting aside ex parte divorce decree - Wife was not properly served in the divorce petition - Acknowledgement card showing wife was served with some notice is not supported by an affidavit of service - Matter..........
Criminal Procedure Code, 1973, Section 482, 245, Indian Penal Code, 1860, Section 323, 504, 506 -- Order rejecting discharge application - Offence u/ss 323, 504, 506 IPC - Specific averment was there that accused was not aware of complainant - Till disposal of application u/s 245 Cr.P.C, no additional evidence was there on basis of which charge is to be framed by trial..........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Foreign award - Enforcement of - Foreign awards are not decrees of an Indian civil Court and after it is granted recognition and enforcement u/s 48 of the Act, would be deemed to be a decree of that Court, which has adjudicated upon petition filed u/ss 47, 49 for limited purpose of enforcement ...........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Enforcement of Foreign award - Limitation - Period of limitation or filing petition for enforcement of a foreign award u/ss 47, 49 of the Act, would be governed by Art.137 of the Act, which prescribes a period of 3 years from when right to apply accrues...........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Enforcement of Foreign award - Applicability of provision of S.5 of Limitation Act - Application u/s 47 of the Act is not an application filed under any of provisions of O.21 CPC - Application is filed before appropriate High Court for enforcement, which would take recourse to provisions of O.21 CPC only for..........
Arbitration and Conciliation Act, 1996, Section 49, 47 -- Enforcement of Foreign award - Conflict with public policy of India - Appellants not made out as to how award is in conflict with basic notions of justice or in violation of substantive public policy of India - Even, they failed to made out a case of violation of procedural due process in conduct of arbitral..........
