Civil Procedure Code, 1908, Section 151, Provincial Insolvency Act, 1920, Section 4, 5, 21, 23, 31 -- Power of the insolvency Court to pass interim orders - Held, Civil Court while trying the civil suit has inherent power of granting interim orders u/s 151 of the Code of Civil Procedure - Simply because S.23 of the Act enables the Court to release the debtor who has been..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitration award - Interest - Arbitrator cannot award interest when there is an agreement between parties that no interest shall be payable - However, where the agreement between parties does not prohibit grant of interest then arbitrator has power to award interest pendente lite - However, this does not mean that..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31(i), Constitution of India, 1950, Article 226 -- Applicability of Act - Writ petition - Maintainability - Plea that Act is not applicable and recovery could not be made from the agricultural land of the petitioner - If the Act is not applicable, the notices..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 31A, 31 -- Conviction of accused for second time for repeating offence under NDPS Act - Death sentence - Not mandatory - The expression "shall be punishable with death" as "may be punishable with death" be construed in relation to the offences covered under S.31-A of the Act - Court has discretion to impose..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31 -- Civil suit for recovery of amount less than 10 lacs filed by plaintiff bank and decreed against defendants - First appeal filed by defendant dismissed by District Judge - In regular Second Appeal, it was contended that first appeal against judgment and decree of trial court could be..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Held, appellate court must give reasons for its decision on each point independently to that of the trial court - Entire evidence must be considered and discussed in detail - Being the final court of fact, the first appellate court must not record mere general expression of concurrence with the trial court..........
Arbitration and Conciliation Act, 1996, Section 31(5) -- Arbitration award - A signed copy of the award would normally be delivered to the party by the arbitrator himself - Any other copy of the award does not satisfy the requirement...........
Indian Penal Code, 1860, Section 409, West Bengal Co-operative Societies Act, 1983, Section 23, 2(31), 8, West Bengal Criminal Law Amendment (Special Courts) Act, 1949, Section 4, Criminal Procedure Code, 1973, Section 197 -- Co-operative society - Secretary of - Public servant - Held, Secretary of co-operative society is not a public servant as contemplated in S.197 of..........
Indian Penal Code, 1860, Section 409, West Bengal Co-operative Societies Act, 1983, Section 23, 2(31), 8, West Bengal Criminal Law Amendment (Special Courts) Act, 1949, Section 4 -- Co-operative society - Secretary of - Public servant - Sanction for prosecution - Held, Secretary of Co-operative society can not be tried by Special Court in view of West Bengal Criminal Law..........
Specific Relief Act, 1963, Section 31 -- Void or voidable instrument - Any person having apprehension that such instrument, if left outstanding may cause serious injury, may sue to get the document adjudged as void or voidable - A document need not necessarily be set aside, it may be removed, if the person considers it as a source of possible mischief...........
