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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.

Acquisition of Land–Interest of solatium–No separate claim necessary before High Court–Could be claimed even in state appeal. Acquisition of Land–Interest on solatium–When conditions are satisfied; the award of interest is consequential and involved only arithmetical calculation and not application of judicial mind.

2007(1) LAW HERALD (SC) 6 IN THE SUPREME COURT OF INDIA  Before The Hon’ble Mr. Justice B. P. Singh The Hon’ble Mr. Justice Altamas Kabir Appeal (Civil) 5785 of 2006…

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