Showing : 1-10 of 14 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17-- Ex parte decree - Setting aside - Substituted service - Breach of provision of O.5.R.17 CPC as report of bailiff not indicating that summons were affixed on a conspicuous part of the house, at the address mentioned in the summons - Besides that, order of Court does not indicate due application of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17-- Ex parte decree - Setting aside - Substituted service - Breach of provision of O.5.R.17 CPC as report of bailiff not indicating that summons were affixed on a conspicuous part of the house, at the address mentioned in the summons - Besides that, order of Court does not indicate due application of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 51-- Execution - Decree for possession - Warrants of possession - Police help - Bailiff report shows that execution of warrants of possession not possible without police help, as the JD's obstructed the execution thereof - Nothing wrong in providing police help for execution of warrants of possession -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 105, 111-- Lease - Termination of lease - Eviction suit - Plea of sub-lease - Respondents raised the plea of sub-lease first time before this Court - It is mentioned in the lease deed that on expiry of lease, lessee is liable to hand over land and building - It took nearly three decades for lessor to obtain..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17-- Amendment of plaint - At execution stage - Amendment of boundaries - Amendment of plaint sought consequent to report of bailiff in execution that boundaries mentioned in schedule annexed to the decree do not tally with those found on physical inspection - An application for amendment of plaint,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 7, 19, Evidence Act, 1872, Section 102-- Ex parte decree - Setting aside - Valid service of summons - Denial - Burden of proof - It is on the person who affirms that there was a valid service which was refused - Held, it is untenable argument that defendant must put the Court bailiff in the witness box as his witness to deny that he did..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17-- Ex parte decree - Setting aside - Refusal to receive summons - If there is Court endorsement that a party had refused to receive the summon even then, there is no presumption of the correctness of the refusal unless bailiff himself had been examined in Court to speak about the fact of refusal by..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 47, 152-- Execution of decree - Wrong description of premises - Correction thereof - Report of bailiff confirms that description of premises in suit was not correct and as such, he could not deliver possession of suit premises as per decree - After such report, decree-holder filed an application u/s 152 of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Industrial Disputes (Punjab) Rules, 1958, Rule 18, 20-- Service of summons - Substituted service - Bailiff who sought to effect service at the Church reported to have served the summons on a person working at the Church and since he misbehave and abused the bailiff, the service could not be personally effected and he affixed the summons on the door of..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 35, 97-- Delivery of possession in execution of decree - Suit for declaration of title and possession and permanent injunction filed by the society - Compromise affected between the society and defendant therein - Right, title and interest of society over the land was accepted - Suit decreed as per..........

Showing : 1-10 of 14 Results