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“Where judgment debtors have substantially complied with a permanent injunction and no prior notice of breach was issued, execution proceedings cannot be used to seek additional compensation.”
If the intention of the legislature had been to require the recording of oral evidence for adjudicating every application filed under Order 21, Rule 58 CPC, such a requirement would have been explicitly stipulated within the provision itself.
Allahabad High Court reiterated that Arbitration Act transcends all territorial barriers.
Section 72 of the Consumer Protection Act penalties are intended for parties responsible for complying with a Commission’s order and as the petitioner was not involved in the transaction or compliance, the proceedings against them were without basis.
“It is immaterial if the term or directions in a decree is contrary to law. The Executing Court cannot go behind the same, and has to give effect to the decree.”
If the part of an Award proposed to be annulled is independent, stands unattached to the other part and can be validly incised, the partial setting aside would be valid and justified. The same also applies to execution proceedings.
Karnataka High Court: Krishna S. Dixit dismissed the petition being devoid of merits. The facts of the case are such that the
Kerala High Court: B. Sudheendra Kumar, J., allowing the present petition observed, “Since the appeal was already filed, the court below had