Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Mere fact that earlier JD or somebody to the attachment of property raised objection and petition was dismissed for default, is not a bar to impugn the sale...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - For invoking of provisions O.21.R.90 CPC, there must be plea and proof as to injury suffered by objectors to auction sale (be it JD or any person claiming through or otherwise) in showing the said sale arising out of alleged material irregularity or fraud...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Keeping JD totally ignorant of execution proceedings, vitiates the sale...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Execution - Auction sale - Setting aside - Distress sale cannot be considered as fraudulent, much less to attribute anything of fraud and collusion between DH and auction purchaser in the absence of showing anything by JD...........
Rent and Eviction -- Non-payment of rent - Notice issued by landlord demanding payment of rent falling which tenancy shall be treated as terminated - Does not amounts to waiver of right of eviction of landlord, particularly when in spite of said notice nether payment of balance amount of rent was made nor possession of shop given to landlord by tenant - Even formal prayer..........
Rent and Eviction -- Rate of rent - Findings recorded by trial Court regarding rate of rent based on evidence brought on record - Adverse inference is drawn against tenant by trial Court that he had not produced diary acknowledging entry of payment of rent made by landlord - Trial Court after appreciation of evidence coming to conclusion that rate of rent is Rs.1500/- p.m..........
Arbitration and Conciliation Act, 1996, Section 34, 36, Insolvency and Bankruptcy Code, 2016, Section 14(1)(a) -- Arbitral award - Setting aside - Proceedings u/s 34 of the Act not hit by embargo of S.14(1)(a) of the Code...........
Arbitration and Conciliation Act, 1996, Section 34, 36, Insolvency and Bankruptcy Code, 2016, Section 14(1)(a) -- Arbitral award - Setting aside - Objections - Where objections are settled against corporate debtor, its enforceability against corporate debtor is certainly covered by moratorium of S.14(1)(a) of the Code...........
Arbitration and Conciliation Act, 1996, Section 34, Constitution of India, 1950, Article 136 -- Appeal - Arbitral award regarding interest on various claims - Setting aside - Work contract - Plea based on clause 13(3) of Contract to defeat the claim of respondent no.1 relating to award of interest on various claims - Not raised by appellants at any stage of proceedings..........
Arbitration and Conciliation Act, 1996, Section 34, Constitution of India, 1950, Article 136 -- Appeal - Arbitral award regarding interest on various claims - Setting aside - Work contract - Plea raised by appellant defeating claim of respondent no.1 relating to award of interest on various claims - Appellants application u/s 34 of the Act is partly allowed only to extent..........
