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1 - 8 of 8 (0.21 seconds)Krishna Raj Trading Corporation vs Ram Saran Dass And Brothers on 10 October, 1961
9. Applying the ratio of Krishna Raj's Trading Corporation (supra) to the facts of the present case, consideration of Clause 29 would entail going behind the decree, and is bus impermissible. The contention of Learned Counsel for the Applicant that all that the Court is doing is freezing an amount of Rs. 1,41,310/-, without thereby touching thedecree, is specious and cannot be accepted. The effect of the 'freezing' is to countenance an alleged agreement not specifically countenanced in the Decree.
Uttam Singh Duggal & Co. Ltd. vs Union Of India (Uoi) And Ors. on 20 March, 1998
In. Uttam Singh Duggal v. U.O.I., 1990 (2) Arb.
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
A.V. Kannappa Mudaliar vs V.C. Chellakutti Udayar on 13 October, 1971
8. The first contention raised in opposition to the application is that if the prayer is entertained it would necessarily entail an enquiry behind the decree, which is impermissible in law. Attention is directed to the decision in A.V. Kannappa Mudaliar v. V.C. Chellakutti Udayar, , in which the Court went to the extent of holding that where an execution petition was dismissed in default it was, mandatory to recall attachment orders, but on its failure to do so, these orders would continue even in the absence of a fresh execution petition. The other observation in this decision was that the executing Court would not look into a post-decretal arrangement for saying the execution process. This precedent is thus an authority for the proposition that collateral consideration cannot impede the culmination of such proceedings, to the satisfaction of the Decree Holder.
Hafiz Rahim-Ud-Din And Ors. vs Tirlok Singh on 17 February, 1971
The decision of this Court in Hafiz Rahimud Din v. Tirlok Singh, , deals with pre-decree matters, and prescribes that these questions should also not be considered.
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