Criminal Procedure Code, 1973, Section 145 -- Order u/s 145 Cr.P.C - Quashing of order - Magistrate on basis of presumption rejected claim of applicant that she is in possession over plot in dispute and has accepted objections filed by respondents - Neither Magistrate has called for any police report regarding spot inspection of plot in dispute nor has obtained other..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Objections to report not filed - Commissioner not examined personally in open Court - Court had not chosen to make further inquiries - Held, in absence of objections, Court rightly accepted Local Commissioners Report...........
Arbitration and Conciliation Act, 1996, Section 16(2) -- Competence of Arbitral Tribunal - Jurisdiction of Tribunal - S.16(2) of the Act provides that objections with regard to Tribunal not having jurisdiction to adjudicate upon dispute should be submitted "before" filing of statement of defence - As per S.16(3) of the Act if any party is to raise an objection that..........
Arbitration and Conciliation Act, 1996, Section 16(5) -- Competence of Arbitral Tribunal - Jurisdiction - Objections filed by a party u/ss 16(2) & 16(3) of the Act overruled by Arbitral Tribunal - Would mean that Tribunal as per its ruling would have jurisdiction to adjudicate dispute referred to it or that it has not exceeded scope of its authority - In both eventualities..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Territorial jurisdiction - Arbitrator appointed by Hon`ble Chief Justice of Punjab and Haryana High Court - Thus, Courts at Chandigarh that will have jurisdiction...........
Civil Procedure Code, 1908, Order 21.Rr, 9 -- Execution of decree - Objections - Each and every objection raised by objector is not to be put to trial merely on asking unless material adduced convinces the Court that objections actually require determination on strength of evidence...........
Tripura Land Revenue and Land Reforms Act, 1960, Section 136, 188 -- Execution decree - Objections - S.188 of the Act provides for a complete bar of jurisdiction of Civil Courts under certain circumstances - Therefore, no suit or other proceedings unless expressly provided in the Act lie or be instituted in any civil Court - Suit was decreed by consent - Instead of abiding..........
Civil Procedure Code, 1908, Section 47, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31 -- Execution - By DRT - Objections as to validity of decree - Once issue has been decided and if party is aggrieved against the finding of Civil Court, it should have challenged at least the said issue by way of an appeal..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only objection that can be raised before executing Court is as regards decree being a nullity in true sense and not objection as regards its invalidity...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Any communication would be deemed to have been received, if it is delivered to addressee personally or at his place of business, habitual address or mailing address - Communication would be deemed to have been received by party on the day it is so delivered - In the instant case, copy of..........
