Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Provision of S.5 of Limitation Act is not applicable to an application challenging an award under S.34 of the Arbitration and Conciliation Act, 1996...........
Limitation Act, 1963, Section 5, Article 137, Civil Procedure Code, 1908, Order 34, Rule 5(3) -- Provision of S.5 Limitation Act applies to an application U.O.34.R.5(3) CPC when filed after three years from the date of expiry fixed in the preliminary decree...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Provision is extraordinary in nature and has to be sparingly invoked - Before exercise of these powers, the Court must be satisfied about the intention of the defendant to obstruct or delay the execution of the decree that may be passed against him and of his actions or intention to remove his property as to dispose it of...........
Contempt of Courts Act, 1971, Section 5 -- Judgment of Court - Fair criticism - Not contempt of Court...........
Contempt of Courts Act, 1971, Section 5 -- Judgment of Court - Fair criticism - Personal criticism of the Judge is impermissible...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - A mere allegation that the defendant was selling off his properties is not sufficient to invoke the provision - To get relief under the provision plaintiff has to give material particulars, source of information and grounds to prove the allegations made in the application...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Cannot be ordered merely because Court thinks that no harm would be done thereby or that the defendants would not be prejudiced - A mere allegation that the defendant was selling off his properties is not sufficient to invoke the provision...........
Civil Procedure Code, 1908, Order 5, Rule 2 -- Summons - Due service - Service of summons without copy of plaint on 7.10.1997 for 13.10.1997 - Non appearance of defendant hence proceeded exparte and subsequently ejectment order passed - Trial Court set aside the exparte ejectment order as service of summons without copy of plaint considered to be not due service in the eye..........
Land Acquisition Act, 1894, Section 4, 5A, 5 -- Land acquisition - Representations by appellants that they had built structures for residential and/or commercial purposes on the lands owned by them and according to the policy decision by State Govt. such lands are to be excluded for acquisition - Rejected whereas it was accepted in similar other cases - Not correct -..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Provision of S.5 of the Act to be construed liberally where the bonafide of the petitioners in bringing the fact situation on record is not doubted...........
