Arbitration and Conciliation Act, 1996, Section 29A(1) -- Time limit for arbitral award - Extension of time - If neither party moves an application for extension of time for making award, arbitration proceedings are terminated...........
National Green Tribunal Act, 2010, Section 26, 28 -- Failure to comply with order of NGT - Offence by Government Department - If a Government Department failed to comply with order of NGT, by a legal fiction u/s 28(1) of the Act, Head of Department shall be deemed to be guilty of such failure and shall be liable to be proceeded against - Officers of State were impleaded as..........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13 -- Res judicata - Divorce - Once the divorce decree is granted by one Court, then the same relief cannot be claimed by other party before any other Court against same party, as same is barred by principle of res judicata u/s 11 CPC...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-owners - One co-owner alone is not competent to transfer the entire property without getting his share determined and demarcated so as to bind the other co-owners - Defendant/Co-owner rightly restrained by decree of injunction in acting in derogation of the propriety rights of the co-owners until and unless..........
Specific Relief Act, 1963, Section 31 -- Void instrument - A person `may' seek declaration that a instrument is void, which is not imperative in every case, more particularly when that person is not a party to such an instrument...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement to sale does not create any right in the subject matter of suit property unless specific performance of contract is allowed in favour of proposed purchaser - Claim of such person for injunction over suit property is without any basis - Moreover, when..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment relates to subsequent event - Same relates to defence already pleaded by defendant - Proviso appended to O.6.R.17 CPC provides that after trial has commenced, amendment should not be allowed apart from circumstances wherein it can be proved by party claiming amendment that..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 118 days in filing appeal - Delay occurred on account of counsel for applicant - Delay does not appear to be lack in bona fides or is due to gross negligence or deliberate inaction - Party ought not to suffer if counsel has been plagued with problems - Delay condoned being sufficiently and satisfactorily..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Trade mark - Restraining defendant from using trade mark, label and logo - Interim injunction granted on prima facie factual finding that colour of packaging material and photo, designs used in both the labels are similar and without detailed analysis, difference cannot be made out and that it can lead..........
