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Showing posts from November, 2021

Application for execution of award or setting aside of award can be heard and decided not only by District Judge but also by Court of Additional District Judge.

Automatic stay on arbitral awards the moment they are challenged under Section 34 of the 1996 Act, if they pertained to arbitral proceedings commenced before October 23, 2015, i.e. the date of enactment of (Amendment)Act, 2015

Arbitral award - Enforcement of - Award can be straight away filed and executed in Court where assets of judgment debtor are located and, therefore, while seeking execution of Award, no transfer certificate in terms of S. 39 Civil P.C. is required

Arbitral award - Execution - Filing of application to set aside arbitral award itself does not provide automatic stay of award

Arbitral award - Execution -Jurisdiction of court - objections to arbitral award under S.34 have been filed by respondent are pending before District Judge (Commercial Court), execution petition filed later on cannot be entertained by other Court

Land owners accepted acquisition proceeding and further availed remedy forhigher compensation by approaching arbitrator - When land owners participated in proceedingfor fixation of respective compensation amount receivable by them they cannot disputepublication of declaration

Taking possession of secured assets - From tenants of borrower - Tenants not entitled to possession of secured assets for more than period prescribed u/S.107 of T.P. Act

மைனர் சொத்து நீதிமன்ற அனுமதி இல்லாமல் விற்பனை செய்யப்பட்டுள்ளது - அது சட்டப்படி செல்லாது.

Signingof compromise petitions by principal would amount to implied revocation of power of attorney.

GPA holder are authorized to appear as representative of party to the extent it ispermissible but not in manner that they may replace principal itself.

Recognized agent or pleader - Recognized agent of defendant allowed to appear before court and give evidence.

A power of attorney can file a complaint under Section 138 but cannot depose on behalf of the complainant

Dis Honour of Cheque - Complaint - Power of Attorney holder of payee can file complaint in the name and on behalf of payee

Power of Attorney holder - Cannot depose in place and instead of Principal - Power of Attorney Holder can give only oral Evidence if any document is to be marked, the plaintiff must be present in court and mark the document

Power of Attorney holder - Cannot depose in place and instead of Principal - Power of Attorney Holder can give only oral Evidence if any document is to be marked, the plaintiff must be present in court and mark the document

If the power of attorney has personal knowledge about the transaction then he can depose as a witness.

Power of Attorney holder - Cannot depose in place and instead of Principal - Power of Attorney Holder can give only oral Evidence if any document is to be marked, the plaintiff must be present in court and mark the document

Power of Attorney holder - Cannot depose in place and instead of Principal - Power of Attorney Holder can give only oral Evidence if any document is to be marked, the plaintiff must be present in court and mark the document - Claim petition filed by wife as joint property not proved.

Power of attorney holder can appear as a witness, only in his personal capacity - he cannot appear as a witness on behalf of the plaintiff in the capacity of plaintiff

ஒரு கட்சிக்காரர் தன்னுடைய வழக்கறிஞரை மாற்றி புதிதாக வேறொருவரை வழக்கறிஞராக நியமிக்க ஆட்சேபனை இல்லை என்று ஒரு ஒப்புதல் கடிதத்தை பழைய வழக்கறிஞரிடமிருந்து பெற வேண்டிய அவசியம் இல்லை

சிவில் சம்மந்தப்பட்ட மனுக்களை காவல்துறையினர் விசாரிக்க தடை ஏதுமில்லை. ஆனால் அந்த விசாரணை சட்ட விதிகளுக்கு உட்பட்டு இருக்க வேண்டும்.

பட்டா நிலத்துக்கு செல்லும் பொது பாதையை யாரும் ஆக்கிரமிக்க கூடாது.

Suit for sale of mortgaged property - Judgment debtors alreadymortgaged properties as security for amount loaned to them by petitioner finance company - No order of attachment of mortgaged properties couldagain be passed.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is prospective in nature and will only deal with those transactions which are made by senior citizens after commencement of the Act.

அரசு ஊழியரின் சாதிச்சான்றிதழ், பணி ஆணை, கல்வி தகுதி சான்றிதழ்களை ஆர்டிஐ மூலம் பெறலாம்

H.M.O.P Affidavit for Liabilities and Assets latest model

Examination of judgement debtor as to hisproperty - Chamber Summons issued - Judgment debtors directed to file their affidavit stating particulars of all their assets .

Respondent was guilty of non-disclosure under Order XXI, Rule 41 of the Code of Civil Procedure.Imprisonment was Ordered.

Petition seeking disclosure of assets - Court which pass the decree has Jurisdiction to entertain - can be filed before filing EP - Not only for attachment and sale - even for arrest EP asset enquiry petition is Maintainable.

Petition seeking disclosure of assets - Court which pass the decree has Jurisdiction to entertain - can be filed before filing EP - Not only for attachment and sale - even for arrest EP asset enquiry petition is Maintainable.

Petition seeking disclosure of assets - Court which pass the decree has Jurisdiction to entertain - can be filed before filing EP - Not only for attachment and sale - even for arrest EP asset enquiry petition is Maintainable.

Petition seeking disclosure of assets - Court which pass the decree has Jurisdiction to entertain - can be filed before filing EP - Not only for attachment and sale - even for arrest EP asset enquiry petition is Maintainable.

Partition between father and two sons - One of the son died leaving behind his wife in 1946 - Her right blossom into absolute after 1956 - she died issuless - Property Revert back to her husband's brother as his seperate property, his sons cannot claim share in it.