Civil Procedure Code, 1908, Order 21, Rule 10 -- Award of arbitrator - Fallibilities therein - Duty of executing Court - Held, a mere finding that contractor was entitled to benefits of escalation cannot obtain any enforceability - Executing Court could not have undertaken task of ascertaining amount which was payable to contractor if said amount was itself not determined..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - Arrest and detention - Plea that clause (e) of S.51 can be applied only when clauses `a' to `d' are not applicable - Held, Executing Court can execute the decree in such other manner as the nature of relief granted may require...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Execution - Arrest and detention - None of the provisions of the Code empowers the executing court to direct the police to arrest and produce the respondent in execution of the decree - Warrant of arrest issued by executing court has to be enforced through its officer...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Execution - Request for assistance of police beyond territorial limits of jurisdiction of Court cannot be entertained...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(2), 42 - - Order altering alignment of path - Non-impleadment of right holders - Petitioner's vendor, instead of impleading proprietors, impleaded "Jumla Mushtarka Malkan" as a party - Words "Jumla Mushtarka Malkan" denote right holders of village as whole - Words "Jumla Mushtarka..........
Civil Procedure Code, 1908, Section 9, 21 -- Jurisdiction of Civil Court - Objection as to exclusion - Held, objection as to exclusion of Civil Court's jurisdiction for availability of alternative forum should be taken before trial Court and at the earliest failing which higher Court may refuse to entertain plea in the absence of proof of prejudice...........
Haryana Municipalities Act, 1973, Section 21(3) -- President - No confidence motion - Validity - Held, for purpose of carrying out `No Confidence Motion', 2/3rd majority would be required of only elected members, as envisaged u/s.21(3) of the Act - Impugned resolution was valid having been passed by 9 members, who constituted 2/3rd majority of 13 elected members...........
Constitution of India, 1950, Article 21 -- Speedy trial - Expeditious trial is an integral and essential part of the fundamental right to life and liberty...........
Civil Procedure Code, 1908, Order 11, Rule 14, 12, 21 -- Production of documents - Failure to produce - Adverse inference can be drawn - Defence cannot be struck out - Defence can be struck out only when order U.O.11.R.12 for discovery of documents is passed and order is not complied with...........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Struck out defence - Defence can be struck out U.O.11.R.21 CPC only when the party fails to comply with the order of Court to answer the interrogatories or for discovery or inspection of the documents...........
