Arbitration and Conciliation Act, 1996, Section 29A(5), (6), (7), (8) -- Time limit for arbitral award - Extension of time - Power to extend time period for making of award vests with Court and not with arbitral tribunal - Therefore, arbitral tribunal may not pronounce award till an application u/s 29-A(5) of the Act is sub-judice before Court...........
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...........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 25 -- Res judicata - Doctrine of res judicata is not applicable on reliefs of permanent alimony and stridhan as such reliefs can be claimed by way of an application at any subsequent stage as well and any Court having jurisdiction under the Act can grant the same...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the time of adjudicating application filed U.O.7.R.11 CPC, it is the plaint that has to be considered - Written statement or the stand taken by defendants cannot be looked into while deciding the issue with respect to rejection of plaint...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Issue of res judicata is a mixed question of law and fact and same can be adjudicated only after considering evidence brought on record by parties - Application U.O.7.R.11 CPC rightly rejected...........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - Appellant has been summoned as an additional accused u/s 319 Cr.P.C. not only on the basis of his pre-summoning statement but on the basis of the statement of PW1 - There is prima facie material for exercise of power u/s 319 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability - Anticipatory bail application is maintainable at the instance of an accused who is already in judicial custody in a different offence...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
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 21, Rule 22(1) -- Execution - Show cause notice U.O.21.R.22 CPC - When subsequent application has been filed within two years from the withdrawal of previous execution application, there was no requirement for issuance of notice - Executing Court did not commit any error in issuance of warrant of attachment against petitioner without..........
