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Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided. Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz. Multi-State Cooperative Societies Act, 2002 — Section 64(d) — Investment of funds by Multi-State Co-operative Society (MSCS) — Permitted investments are in subsidiary institutions or institutions in the same line of business — Amendment aimed at preventing misuse of funds and ensuring financial discipline — “Same line of business” requires substantial or predominant sameness in core business activities, determined by MSCS’s bye-laws — Not to be construed expansively. Civil Procedure Code, 1908 (CPC) — Section 47 — Execution of Decree — Executing Court’s Jurisdiction — An executing court must strictly adhere to the terms of the decree and cannot modify or alter it. Its role is limited to giving effect to the decree as it stands, unless the decree is a nullity. Criminal Procedure Code, 1973 (CrPC) — Sections 468, 469, 470, 472, 473 and 341 — Limitation for taking cognizance of offence — Relevant date for computation of period of limitation is date of filing of complaint or date of initiation of criminal proceedings, not date on which Magistrate takes cognizance — Constitution Bench decision in Sarah Mathew v. Institute of Cardio Vascular Diseases [(2014) 2 SCC 62] holds good law.

Stamp Duty–Agreement to sell property reduced in writing–No stamp duty is required to be paid, Stamp duty will be required to be paid if possession is delivered. Stamp Duty–An under stamped and an unregistered sale deed is neither admissible in a suit for specific performance nor for recovery of consideration money nor for any collateral purpose.

2009(1) LAW HERALD (SC) 360 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice  Cyriac Joseph Civil Appeal No. 7350 of 2008…

Arbitration Agreement—Agreement providing for a forum only intended to ascertain some matter for the purpose of preventing differences from arising and not for settling them after they have arisen—Such a forum cannot be held to be providing of arbitration Arbitration Agreement—If the jurisdiction of Designated Officer/ Appellant authority cannot be invoked by both the parties to dispute then such a forum cannot be held to be providing of arbitration

2018(4) Law Herald (SC) 3143 : 2018 LawHerald.Org 1854 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Civil Appeal No.11249…

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