Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Dispute as to execution of MOU - High Court ought to decide the question of legality, validity and genuineness of agreement/MOU by itself - High Court was not justified in directing arbitrator to decide said question - Direction issued by High Court directing arbitrator to decide said..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - In pleadings parties have not to plea the law but the facts - It is on perusal of facts of the case that Court has to see as to what provisions of law are applicable or not - Observation of appellate Court discarding application of any particular section on the ground that it is beyond pleading is against the basic..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - - After commencement of trial - Permissibility - Court has power to allow amendment at any stage of case, if Court considers that proposed amendment is essential for just decision of case and such facts were not in the knowledge of party and same could not be raised before Court despite due diligence...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Affidavit to contain only the relevant facts in issue - Affidavit should not be beyond pleadings and which is irrelevant to the issues framed - In case there are totally irrelevant depositions ex facie, Court can direct deponent to file fresh affidavit after deleting the irrelevant..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere delay in making application is not a sole ground for refusal of amendment - Court at this stage cannot go into truth and falsity and maintainability of suit - Merits and demerits of case are not to be examined at the stage of deciding amendment application...........
Civil Procedure Code, 1908, Order 21, Rule 17 -- Execution of decree - Powers of Executing Court - If terms of decree are ambiguous, executing court can construe decree with aid of judgment and pleadings - Decree has to be enforced and interpreted in such a manner that litigation between parties is shortened - Moreover, real intention of parties is to be gathered from..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Discretionary power - Larger interest of litigants needs to be taken care of and discretionary power of amendment should be exercised in order to do full and complete justice - Court ought not to go into correctness or falsity of case in amendment - No finding needs to be recorded on merits of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is that bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in suit - So long as plaint discloses some cause of action or raises some questions of facts to be decided by Court, mere fact that case is weak and not likely to succeed would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Important factors for deciding the application for amendment of pleadings are : (i) whether the amendment sought is imperative for proper and effective adjudication of the case; (ii) whether the application for amendment is bona fide or mala fide; (iii) the amendment should not cause such prejudice to..........
Contract Act, 1872, Section 14, 15, 16, 17, 18, 19, 20, Arbitration and Conciliation Act, 1996, Section 44 -- Reference to arbitration - Issue of concluded contract - Held, Court can decline to make a reference to arbitration in case it finds that arbitration agreement is null and void, inoperative or incapable of being performed - Since there are no pleadings to that..........
