Arbitration Act, 1940, Section 17,29,41(a), Civil Procedure Code, 1908, Section 34 -- Arbitral award - Interest - Provision of S.34 of CPC for granting interest from date of filing of award till date of passing of decree - Applicability of - Held, S.34 of CPC is inconsistent with scope of S.29 of Act - CPC had to be applied subject to provision of Act - Interest u/s 34 can..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31 -- Civil suit for recovery of amount less than 10 lacs filed by plaintiff bank and decreed against defendants - First appeal filed by defendant dismissed by District Judge - In regular Second Appeal, it was contended that first appeal against judgment and decree of trial court could be..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Objections - Framing of issues and putting objection petition to trial is not necessary in every case - Court can dismiss the objection petition by a speaking order recording reasons for dismissal of objection petition if prima facie, the averments in the objection petition appear to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99 -- Eviction order - Execution - Third party objection claiming himself to be tenant - Neither any rent note nor any rent receipt or any document establishing that rent was ever paid, placed on record - In absence of any such document, status of appellant cannot be held to be that of tenant - Objection petition..........
Civil Procedure Code, 1908, Order 21, Rule 3 -- Execution - Decree of specific performance - Possession of house - Owner sold house to tenant - Original tenant, thereafter, executed agreement to sell in favour of original owner - Under the said agreement itself it was stipulated that after execution of sale deed, he would again become tenant or his tenancy would be revived..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review application - Decree of dissolution of marriage between parties has been passed on the ground of proved mental cruelty and desertion - Review application field by wife on the ground that even after passing of decree of divorce parties lived together for two days at "D" and, therefore, husband has condoned her..........
Suit for partition -- Only those properties to which family has clear title has to be included - When property of somebody else is included and same is contested by third party, on being impleaded as a party, then onus is on plaintiff to prove that disputed property belongs to the joint family excluding someone who claims that some portion of it does not belong to the..........
Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65 -- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to..........
Civil Procedure Code, 1908, Section 13, Guardians and Wards Act, 1890, Section 9 -- Custody of minor - Enforcement of foreign decree - Principle of comity of Courts - Before wife staying back in India with her minor son, no proceedings related to custody initiated in America - Husband initiated such proceedings after he voluntarily agreed decision of wife to settle in..........
Civil Procedure Code, 1908, Section 96(3) -- Consent decree - No appeal lies thereagainst...........
