Back
K.HARILAL
Shriram Transport Finance Co. Ltd. – Appellant
Versus
Noufal T. P. – Respondent
K. Harilal, J.—The petitioner herein is the petitioner/claimant, in E.A.No.31 of 2016 in A.O.P.No.15 of 2013, on the files of the District Court, Thalassery, and the respondent is the respondent therein. An arbitration award has been passed in A.O.P.No.15 of 2013, directing the respondent herein to pay to the petitioner a sum of Rs.10,09,983/– with interest at the rate of 12% per annum from 26.9.2012, till the date of realisation with cost of Rs.4,405/–. The petitioner filed Execution Petition No.13 of 2016, before the District Court, Thalassery under Order XXI Rules 11, 37 and 38 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the C.P.C.’) for executing the award by arrest and detention of the Judgment Debtor in civil prison.
2. During the pendency of the said Execution Petition, he came to know that the respondent herein holds landed properties. In that context, he filed another Execution Petition under Order XXI Rules 54, 64 and 66 of the C.P.C., for execution of the decree by attachment, proclamation and sale of the immovable property belonging to the respondent herein. The office of the District Court has not numbered the said Execution Petition. Feeling
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
