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...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Money decree - Stay of execution of money decree cannot be granted by an appellate Court without deposit of decretal amount or furnishing security unless exceptional circumstances are made out...........
Evidence Act, 1872, Section 90 -- Provision of S.90 of Evidence Act applicable to documents more than 30 years old does not apply to a Will as a Will is required to be proved by strict compliance with statutory provisions governing its execution and attestation...........
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...........
