Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration - Filing of reply to injunction application - Not a ground to refuse to entrain the plea that the suit should be referred to arbitral tribunal particularly when in reply to injunction application specifically pleaded that application is not maintainable in view of arbitration clause in agreement...........
Civil Procedure Code, 1908, Order 23 -- No appeal is maintainable against a consent decree having regard to the specific bar contained in S.96(3) CPC ; (ii) No appeal is maintainable against the order of the court recording the compromise or refusing to record a compromise in view of deletion of clause (m) Rule 1 Order 43 CPC; (iii) No independent suit can be filed for..........
Service -- Termination - Conductor on daily wages - Civil suit for reinstatement - Held, civil suit is not maintainable as respondent is a workman and dispute is an industrial dispute - Civil Court has no pecuniary jurisdiction...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32(5) -- Decree for mandatory injunction - Execution - J.D. directed to leave possession of suit land in two months failing which decree holder would be at liberty to take possession of property through process of Court - Execution of decree for eviction is maintainable in the event there is disobedience of the..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26, Civil Procedure Code, 1908, Section 9 -- Civil Court jurisdiction - Bar of - Suit for declaration as to ownership and that allotment and declaration of surplus area is ineffective, inoperative and against the principles of natural justice - By virtue of S.26 of the Act jurisdiction of civil Court is barred so far as..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18, 26 -- Surplus proceedings - Bar of jurisdiction of Civil Courts - Land declared surplus and allotted by the allotment authority - Order of declaration and allotment not appealed - Attained finality - Civil suit filed challenging order of declaration and allotment - Entitlement, choice of land and allotment are..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Application u/s 10 of the Code is maintainable before the Court where subsequent suit is pending...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit dismissed for default - Rejection - Appeal there against is maintainable - No distinction has been made between rejection of application for restoration on merits or rejection thereof for default - Even if an application U.O.9.R.9 is dismissed/rejected for..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Application filed before filing of written statement - Application is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections U.O.21.R.97 CPC - Separate suit seeking same relief also filed - Held, when a suit is already instituted seeking same relief then application U.O.21.R.97 is not maintainable - Two different proceedings cannot be initiated for very same relief...........
