The High Court of Jammu and Kashmir and Ladakh has reaffirmed the broad jurisdiction of executing courts under Order 21 Rule 97 of the Code of Civil Procedure. It added, “Therefore, the executing court is empowered to examine and determine such claims within the execution proceedings, eliminating the need for institution of a separate litigation” These observations arose from an …
The Madras High Court bench of Justice N. Sathish Kumar has observed that the issue of ineligibility of the arbitrator cannot be raised during the pendency of the execution proceedings. The court held that the Executing Courts cannot suo motu dismiss the Execution Petition solely on the ground of unilateral appointment of an arbitrator. “As long as there is no …
Last week, the Supreme Court refused to stop Missouri from executing Marcellus “Khaliifah” Williams despite his strong claims of innocence and objections by the St. Louis County Prosecuting Attorney’s Office. Next week, the Supreme Court will hear another capital case with strikingly similar facts: Oklahoma may execute Richard Glossip despite a mountain of exculpatory evidence undermining his conviction, and objections …
The Supreme Court on Friday expressed concerns at the pendency of execution proceedings for executing the award in Arbitration Matters before subordinate courts/executing courts in the State of Uttar Pradesh. "This is a very sorry state of affairs that even the execution proceedings to execute the Award passed under the Arbitration Act are pending for more than 20 years. Accordingly, …
