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Results of decree

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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 8, Rule 1, 5 -- Written statement - Filling of - Striking off defence after filing of written statement - Legality of - Held, provision of O.8.R.1 CPC is not mandatory but is directory only - Discretion has to be exercised judiciously and for that purpose it has to be seen before passing an order whether it could cause hardship to..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Specific Relief Act, 1963, Section 34 -- Title suit against Govt. - Decree can be granted only when : (1) plaintiff produces title deeds tracing the title for a period of more than thirty years; (2) when plaintiff establishes his adverse possession to the knowledge of the government for a period of more than thirty years, so as to convert his possession into title -..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Specific Relief Act, 1963, Section 34 -- Title suit against Govt. - Weakness of government's defence or absence of contest - Not sufficient to decree declaratory suits against the government - It is for the plaintiff to establish his title to the suit property...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Transfer of Property Act, 1882, Section 52 -- Lis pendens - Provision of S.52 of the Act comes into existence from the point of institution of the suit and continues to survive till the satisfaction of the decree...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Contempt of Courts Act, 1971, Section 14, Civil Procedure Code, 1908, Order 21, Rule 2 -- After passing of the decree asking D.H. to accept the principal amount and waive the interest awarded thereon - It is open to the parties to enter into a contract or compromise with reference to their rights under the decree - The right of the judgment debtor to make an attempt to..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 21, Rule 2, Contempt of Courts Act, 1971, Section 14 -- After passing of the decree J.D. writing a letter to D.H. to accept the principal amount and waive the interest awarded thereon - It is an attempt to persuade the D.H. to forego claim relating to interest - An agreement, which extinguishes the decree as such in whole or in part and..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 152, 153, 151 -- Correction of pleadings and judgment & decree - A bonafide error should be allowed to be rectified in exercise of powers u/ss 151, 152 and 153 CPC...........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Hindu Marriage Act, 1955, Section 13 -- Divorce - Wife cannot use the husband's name anywhere including the bank account after dissolution of marriage by a decree of divorce...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Issues need not to be framed when objections are by the parties to the suit nor evidence is required to be recorded, particularly when facts are undisputed - 2008(1) Civil Court Cases 364 (P&H) distinguished as in that case it was held that objections filed by third party (i.e. not party..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 47, 151, 149, Order 21, Rule 32 -- Execution - Decree for specific performance - Direction to execute sale deed within two months after deposit of sale consideration - However, no time was fixed for deposit of the balance sale price - Default clause not stipulated in the decree - Held, as there was no time period fixed for deposit of the..........

Showing : 2791-2800 of 6492 Results