Search Results Page

Search Results

1 - 10 of 61 (0.67 seconds)

Karashiddayya Shiddayya Bennur vs Shree Gajanan Urban Co-Operative Bank, ... on 25 September, 1942

1018 which came before the Privy Council in Jnanendra Mohan Bhaduri v. Rabindra Nath Chakravarti (1932) L.R. 60 I.A. 71 : S.C. 35 Bom. L.R. 327 and though there was no discussion on the point their Lordships approved of the Calcutta view. That was a case under the Arbitration Act under which the procedure is that an award, is simply filed in Court and is enforceable as if it were a decree. There is no provision for making a decree on an award. In spite of this, however, the High Court did pass a decree upon an award, and the Subordinate Judge to whom it was sent for execution dismissed the application' on the ground that the decree was nullity.
Bombay High Court Cites 15 - Cited by 8 - Full Document

Senior Superintendent Of Police vs Smt. Shanti Devi & Another on 14 June, 2019

In Jnanendra Mohan Bhaduri v. Rabindra Nath Chakravarti the Judicial Committee held that where a decree was passed upon an award made under the provisions of the Indian 25 Arbitration Act, 1899, an objection in the course of the execution proceeding that the decree was made without jurisdiction, since under the Indian Arbitration Act, 1899, there is no provision for making a decree upon an award, was competent. That was a case in which the decree was on the face of the record without jurisdiction.
Uttarakhand High Court Cites 44 - Cited by 0 - M K Tiwari - Full Document

Hanif Ali Laskar vs The Divisional Forest Officer on 27 February, 2020

In Jnanendra Mohan Bhaduri and another v. Rabindra Nath Chakravarti the Judicial Committee held that where a decree was passed upon an award made under the provisions of the Indian Arbitration Act, 1899, an objection in the course of the execution proceeding that the decree was made without jurisdiction, since under the Indian Arbitration Act, 1899, there is no provision for making a decree upon an award, was competent. That was a case in which the decree was on the face of the record without jurisdiction."
Gauhati High Court Cites 24 - Cited by 0 - S Serto - Full Document

Syed Aijaz Mohiuddin vs M.A. Mannan Khan, And Another on 14 March, 2022

In Jnanendra Mohan Bhaduri and another v. Rabindra Nath Chakravarti {LR 60 IA 71}, the Judicial Committee held that where a decree was passed upon an award made under the provisions of the Indian Arbitration Act, 1899, an objection in the course of the execution proceeding that the decree was made without jurisdiction, since under the Indian Arbitration Act, 1899, there is no provision for making a decree upon an award, was competent. That was a case in which the decree was on the face of the record without jurisdiction."
Telangana High Court Cites 13 - Cited by 0 - G S Devi - Full Document

Feroze Ahmad vs Mukesh Marwah & Anr. on 26 May, 2022

In Jnanendra Mohan Bhaduri v. Rabindra Nath Chakravarti4 the Judicial Committee held that where a decree was passed upon an award made under the provisions of the Indian Arbitration Act, 1899, an objection in the course of the execution proceeding that the decree was made without jurisdiction, since under the Indian Arbitration Act, 1899, there is no provision for making a decree upon an award, was competent. That was a case in which the decree was on the face of the record without jurisdiction.
Delhi High Court Cites 13 - Cited by 0 - C H Shankar - Full Document

Anraj vs Bijairaj And Ors. on 24 October, 1956

It is not necessary to refer to authorities in detail in support of this summary of the law relating to the power of the executing court to go behind the decree. It is enough in this connection to cite the well-known decision of the Privy Council in 'Jnanendra Mohan v. Rabindra Nath', 60 Ind App 71: (AIR 1933 PC 61) (A). All other cases are merely an application of the principle laid down in this case, and it is a question for consideration in each case whether a decree can be held to be a nullity by the executing court. It is only within certain very narrow limits that the executing court has got this power. We may refer to the following cases to consider the limits of this power.
Rajasthan High Court - Jaipur Cites 11 - Cited by 3 - Full Document
1   2 3 4 5 6 7 Next