Adv Anup Kumar Mishra

 Whether application for re-examination of witness is permissible when matter is posted for judgment? S. 151, Or. 18 R. 17 and Or. 7 R. 14 - Recall of witness - Filing of application for re-examination of witness, when matter posted for judgment - Exercise of inherent powers - Impermissibility of - Respondent-plaintiff filing suit for recovery of an amount - When matter posted for judgment, respondent-plaintiff filed application to submit some more documents and recall of PW 1 for proving those documents - Trial court rejected that application whereas High Court permitted it - Unsustainability of - Held, though application was filed for filing of original copies of bills but they were not placed on record even though they were in the exclusive possession of respondent-plaintiff - At such belated stage, when evidence had concluded and arguments were heard, submission of bills was improper and respondent-plaintiff cannot be permitted to fill up its lacunae in its case - No acceptable...

 Whether succession certificate proceedings can be stayed till decision of civil suit? Undisputed facts of the case are that the petitioner has initiated the proceedings as per the provisions prescribed under Section 372 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act, 1925') for grant of succession certificate with regard to the service dues of late Jagarniya as she is her sole legal heir. During its pendency, a civil suit bearing Civil Suit No. 62-A of 2016 was instituted by the petitioner for declaration of title and injunction with regard to the immovable property left by said Jagarniya.  During the pendency of aforesaid proceedings, the petitioner has moved an application under Section 10 of the CPC, for staying the said succession proceedings till decision of the said civil suit.  Upon due consideration of the said application, the trial Court by its order impugned dated 26.9.2016 has rejected the said application on the ground that as per th...

 THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937 _________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and extent. 2. Application of Personal Law to Muslims. 3. Power to make a declaration. 4. Rule-making power. 5. [Repealed]. 6. Repeals. 2 THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937 ACT NO. 26 OF 1937 [7th October, 1937.] An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims. 1 *** WHEREAS it is expedient to make provision for the application of the Muslim Personal Law (Shariat) to Muslims 1 ***; It is hereby enacted as follows:— 1. Short title and extent.—(1) This Act may be called the Muslim Personal Law (Shariat) Application Act, 1937. (2) It extends to the whole of India 2 [except the State of Jammu and Kashmir]. 3 *** 4 2. Application of Personal Law to Muslims.—Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succes...

 THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie. Whereas it is expedient to consolidate and clarify the provisions of Muslim law relating to suit for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie; It is hereby enacted as follows: 1. Short title and extent. ? (1) This Act may be called the Dissolution of Muslim Marriages Act, 1939. (2) It extends to the whole of India i [1] [except the State of Jammu and Kashmir]. 2. Grounds for decree for dissolution of marriage. ? A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grou...

 What is duty of court if case was decided ex parte against defendant? The absence of the Defendant does not absolve the Trial Court from fully satisfying itself of the factual and legal veracity of the Plaintiff’s claim; nay, this feature of the litigation casts a greater responsibility and onerous obligation on the Trial Court as well as the Executing Court to be fully satisfied that the claim has been proved and substantiated to the hilt by the Plaintiff. Reference to Shantilal Gulabchand Mutha vs Tata Engineering and Locomotive Company Limited, (2013) 4 SCC 396, will be sufficient. The failure to file a Written Statement, thereby bringing Order VIII Rule 10 of the CPC into operation, or the factum of Defendant having been set ex parte, does not invite a punishment in the form of an automatic decree. Both under Order VIII Rule 10 CPC and on the invocation of Order IX of the CPC, the Court is nevertheless duty- bound to diligently ensure that the plaint stands proved and the pray...

 How to ascertain limitation in case of suo-moto correction of arbitration award? In the present case, the arbitral tribunal in terms of powers given under sub-section (3) of Section 33 of the Act had on its own initiative made corrections in the award dated 18.04.2018, vide the award dated 05.05.2018. The suo-moto corrections in terms of sub-section (3) of Section 33 of the Act can be made within a period of 30 days from the date of arbitral award. In our opinion, looking at the purpose and object behind Section 34 (3) of the Act, which is to enable the parties to study, examine and understand the award, thereupon, if the party chooses and is advised, draft and file objections within the time specified, the starting point for the limitation in case of suomoto correction of the award, would be the date on which the correction was made and the corrected award is received by the party. Once the arbitral award has been amended or corrected, it is the corrected award which has to be ch...