Q. Define Injunction. Explain the grounds and principles for grant of Temporary Injunction. [MPCJ 2015] Ans. Section 37 of the specific relief act states that temporary injunction is to continue until a specified time or until the further order of…
Q. Which properties are liable for attachment and sale in execution of a decree and which properties cannot be attached in execution of a decree? [MPCJ 2015] Ans. Attachable and Saleable properties:- Section 60(1) of the CPC declares very widely…
Q. What is doctrine of “Res sub judice” as provided in Section 10 of Civil Procedure Code ? When can this doctrine be applied. Elucidate? [MPCJ 2014] Ans. The object of section 10 of the CPC is to prevent the…
Q. Whether a defendant can file counter claim against a co-defendant ? What procedure should be adopted by the Court in case counter claim against a co- defendant is filed ? [MPCJ 2014] Ans. The provision relating to filing of…
“The Attorney General is the chief legal adviser and lawyer of the Government of India.” Discuss. [UPSC 2019] Ans. The Constitution under Article 76 has provided for the office of the Attorney-General for India (AGI). He is appointed by the…
ELLORA PAPER MILLS LTD. Vs, STATE OF MADHYA PRADESH Date : 04-01-2022 M.R. SHAH AND B.V. NAGARATHNA, JJ. LAW POINT- The Arbitral Tribunal constituted to hear the underlying dispute was composed of employees of the State (Party), Thus, they became…
UNION OF INDIA vs. MANRAJ ENTERPRISES [CIVIL APPEAL NO. 6592 OF 2021] Date : NOVEMBER 18, 2021 LAW POINT- An arbitrator, being the creature of contract, cannot award interest contrary to the terms of the agreement. FACTS A contract was…
GARG BUILDERS Vs. BHARAT HEAVY ELECTRICALS LTD. [CIVIL APPEAL NO. 6216 OF 2021] S. ABDUL NAZEER, J Date: OCTOBER 4, 2021 LAW POINT- The arbitrator does not have the power to grant pendente lite interest, when the arbitration agreement explicitly…
M LAXMI CONTINENTAL CONSTRUCTION CO. Vs. STATE OF UTTAR PRADESH & ANR. [CIVIL APPEAL NO. 6797 OF 2008] M.R. SHAH, J. & A.S. BOPANNA J. Date : SEPTEMBER 20, 2021. LAW POINT- Once an officer is appointed as an Arbitrator,…
ARCELOR MITTAL NIPPON STEEL INDIA LTD. Vs. ESSAR BULK TERMINAL LTD. [CIVIL APPEAL NO. 5700 OF 2021] Judge : INDIRA BANERJEE, J.& K. MAHESHWARI J. Dare : SEPTEMBER 14, 2021 LAW POINT- Once an Arbitral Tribunal is constituted, the court…