Arbitration Act, 1940, Section 30, 33 -- Arbitration award - Objections - The burden of substantiating the averment urged as an objection tantamounting to misconduct on the part of the Arbitrator or complaining of violation of principles of natural justice is on the petitioner...........
Arbitration Act, 1940, Section 30, 33 -- Arbitration award - Objections - (1) arbitrator took on record additional statement and records on final hearing without affording opportunity for contesting same and (ii) while no oral evidence adduced, award stated that arbitrator `heard evidence of parties' amounting to non-application of mind - High Court finding that no..........
Civil Procedure Code, 1908, Order 21, Rule 58(1) -- Objections - Dismissal in limine - Court can dismiss objections in limine where it considers that the objection or claim is designedly or unnecessarily delayed, and on that count, refuse to investigate the claim...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Always open to any person claiming right, title or interest in property in dispute - To raise objections against execution of decree by filing claim petition under Order 21 Rule 58 - Decree - holder entitled to recover decretal amount from estate of deceased - Heirs of deceased (judgment - debtor) not liable to pay decretal..........
Arbitration Act, 1940, Section 14, 30, Civil Procedure Code, 1908, Section 47 -- Award made rule of Court - Party cannot raise objections during execution proceedings to assail decree as invalid merely on the ground that award was filed into Court beyond time limit prescribed in the Act...........
Arbitration Act, 1940, Section 30, Constitution of India, 1950, Article 136 -- Arbitration award - Award filed into Court - Notice served on respondent - Not contested - Objections u/s 30 not filed - Award made rule of Court - Objections raised during execution proceedings that award decree is not valid - Plea before Supreme Court that award was mock award and he came to..........
Court Fees Act, 1870, Section 13 -- Refund of Court - fees paid on first appeal in land acquisition case - Matter remanded for lack of admissible evidence - Sufficient reasons justifying a substantial trial by way of leading proper evidence under order of remand - Parties entitled to refund of Court - fees affixed on Memorandum of Appeal/Cross - Objections - Civil..........
Arbitration Act, 1940, Section 30 -- Objections - Setting aside of award - Question purely on merits of the award cannot be agitated in objections as these are not in the nature of an appeal against the award before the Court below...........
Limitation Act, 1963, Section 7, Civil procedure Code, 1908, Section 47 -- Minor - Decree against minor represented by Court guardian - Only remedy available to minor after attaining majority is to file a separate suit to challenge the decree on the limited grounds of fraud, collusion or negligence of the guardian ad litem - Otherwise he has no right to file objections u/s..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 - - Mandatory injunction decree, execution of - Objection of satisfaction of decree - Gram Panchayat directed to correct alignment of passage - Earlier objections dismissed holding that though symbolic possession delivered but decree with respect to alignment of passage yet to be executed - Another set of objections..........
