Search Results for: whether

Whether a declaration that an order made by a court of law is void is normally part of the judicial function and is not a legislative function ?

Whether a declaration that an order made by a court of law is void is normally part of the judicial function and is not a legislative function ?

advtanmoy 18/07/2018
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] held:- 190. A declaration that an order made...
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Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

advtanmoy 18/07/2018
Under sub-section (1)(a) of S. 28 there is a mandate to the Arbitral Tribunal to decide the...
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Whether Police have power under Cr.P.C to take specimen signature and writing of the accused for expert examination

Whether Police have power under Cr.P.C to take specimen signature and writing of the accused for expert examination

advtanmoy 13/07/2018
When an accused person is called upon by the Court or any other authority holding an investigation...
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Whether it is permissible for a party to treat the judgment and order as null and void without getting it set aside from the competent court

Whether it is permissible for a party to treat the judgment and order as null and void without getting it set aside from the competent court

advtanmoy 12/07/2018
The issue is No. more res integra and stands settled by a catena of decisions of this...
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Whether a tenant shall during continuance of tenancy, be permitted to deny that landlord of such tenant had, at the beginning of tenancy, a title to such immovable property? No.

Whether a tenant shall during continuance of tenancy, be permitted to deny that landlord of such tenant had, at the beginning of tenancy, a title to such immovable property? No.

advtanmoy 09/07/2018
Whether tenant shall during the continuance of the tenancy, be permitted to deny that the landlord of...
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Whether at the time of disposal of the application u/o 7 rule 11 of CPC only the facts mentioned in the plaint are to be looked into? yes.

Whether at the time of disposal of the application u/o 7 rule 11 of CPC only the facts mentioned in the plaint are to be looked into? yes.

advtanmoy 09/07/2018
  The law has been settled by  Court in various decisions that while considering an application u/o...
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Whether the Central Bureau of Investigation is empowered to conduct ‘fresh’/’re- investigation’ when the cognizance has already been taken by the Court of competent jurisdiction on the basis of a police report under Section 173 of the Code?

Whether the Central Bureau of Investigation is empowered to conduct ‘fresh’/’re- investigation’ when the cognizance has already been taken by the Court of competent jurisdiction on the basis of a police report under Section 173 of the Code?

advtanmoy 02/07/2018
Supreme Court of India in Vinay Tyagi vs Irshad Ali @ Deepak & Ors decided on 13...
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Whether an application for substitution of a respondent who was dead when the Special Leave Petition was filed was maintainable, and if not, the remedy of the petitioner when he comes to learn that the respondent was actually dead when he filed the Special Leave Petition.

Whether an application for substitution of a respondent who was dead when the Special Leave Petition was filed was maintainable, and if not, the remedy of the petitioner when he comes to learn that the respondent was actually dead when he filed the Special Leave Petition.

advtanmoy 27/06/2018
The remedy of an appellant, who has unknowingly filed an appeal against a dead person, is to...
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Whether Sec 14 of Limitation Act can be relied upon for excluding time spent in prosecuting remedy before a wrong forum in context of provisions contained in Arbitration and Conciliation Act 1996.

Whether Sec 14 of Limitation Act can be relied upon for excluding time spent in prosecuting remedy before a wrong forum in context of provisions contained in Arbitration and Conciliation Act 1996.

advtanmoy 26/06/2018
Under Section 14 of the limitation Act if the party has been bona fidely prosecuting his remedy...
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Whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996.

Whether Section 5 of the limitation Act can be invoked for condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996.

advtanmoy 26/06/2018
In Union of India v. Popular Construction Company , Supreme Court considered the question whether Section 5...
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Whether the Award of the Arbitrator tantamounts to a Decree or not, Yes, an Award has to be enforced under the Code of Civil Procedure in the same manner as it were a Decree of the Court.

Whether the Award of the Arbitrator tantamounts to a Decree or not, Yes, an Award has to be enforced under the Code of Civil Procedure in the same manner as it were a Decree of the Court.

advtanmoy 26/06/2018
(SUPREME COURT OF INDIA) in Leela Hotels Ltd. Versus Housing and Urban Development Corporation Ltd. (2011) 12 SCALE 573 18. It...
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Whether there is any limitation for recovering the sum due as arrears of land revenue under the U.P. Public Moneys (Recovery of Dues) Act, 1972, and if there is none, whether recovery can be made within reasonable time or it is open to recover at any point of time?

Whether there is any limitation for recovering the sum due as arrears of land revenue under the U.P. Public Moneys (Recovery of Dues) Act, 1972, and if there is none, whether recovery can be made within reasonable time or it is open to recover at any point of time?

advtanmoy 24/06/2018
The law of limitation makes available a right of defence with the debtor to claim that after...
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