Registration Act, 1908, Section 40, 41 -- Will - Registration - Act contains separate special provisions under Ss.40 & 41 of the Act...........
Registration Act, 1908, Section 40, 41 -- Will - Registration after death of testator - Three conditions must be satisfied viz. (i) Execution of the `Will' by the testator; (ii) Death of the testator; and (iii) The person presenting the `Will' for registration is entitled to present the same...........
Civil Procedure Code, 1908, Order 39, Rule 2A, Arbitration Act, 1940, Section 30, 33, 41 -- Vacation of injunction - Non-compliance/breach of unequivocal undertaking - Contempt of Court - Petitioner delayed arbitration proceedings for fifteen years - Petitioner aim was to delay encashment of bank guarantees only - It is ordered that respondent shall be entitled to make its..........
Arbitration Act, 1940, Section 20, 41, Civil Procedure Code, 1908, Section 20 -- Arbitration - Application for reference - Provisions of CPC apply to all proceedings under the Arbitration Act...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - Reasons given for dismissal of application not considered by High Court while deciding second appeal - Impugned judgment set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - Party against whom a finding is recorded has got a right of appeal even if ultimate decision is in his favour if that finding operates as res judicata in a subsequent suit or proceedings - In case it does not operate as res judicata, then such a party has no right of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay - Where serious civil consequences follow from an order, it is imperative for the Appellate Court to suspend the operation of the order more so when appeal is admitted...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal against decree filed by J.D. - It is legally permissible for the decree holder to support the decree in his favour by attacking the findings which were against him...........
Civil Procedure Code, 1908, Order 41, Rule 1(3) -- Provision of O.41.R.1(3) is directory and not mandatory in nature inspite of the use of word `shall'...........
Civil Procedure Code, 1908, Order 41, Rule 1(3) -- Non compliance of a direction to deposit the decreetal amount or part of it or furnish security therefor - Held, it is only the stay application which is to be dismissed and not the entire appeal...........