Showing : 371-380 of 2826 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Eviction petition - Issue as to whether partnership firm was tenant - For proper adjudication of said issue firm and all its partners allowed to be impleaded suo motu by Court...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Land Acquisition Act, 1894, Section 11, 11A-- Acquisition of land - Validity of award - Award passed in the year 1996 - Award upheld by High Court and Supreme Court - Filing fresh writ petition challenging validity of award for first time in 2004, therefore, not only barred by provisions of O.2.R.2 CPC but also barred on the doctrine of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Ad valorem Court fee - Suit for declaration that rejection of bid is invalid and mandatory injunction to accept highest bid - Valuation of suit not to be less that bid amount - Plaintiff directed to pay the ad valorem Court fee not only before Trial Court but also before High..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit - Suit can be withdrawn when Court is satisfied that suit must fail for reason of some formal defect or that there are other sufficient grounds for allowing plaintiff to institute a fresh suit - Power to allow withdrawal of suit is discretionary...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - Formal defect - Defect in survey no. of suit property - Goes to very core of subject matter of suit - Entire proceedings would be fruitless if decree holder is not able to get the decree executed successfully - Said defect thus, constitute "formal defect" within the meaning of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Enquiry U.O.7.R.11(a) of the Code can be taken up at any stage...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Replication, if filed, in a given situation, the same also can be looked into to see whether there is any admission on the part of plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - U.O.7.R.11 CPC, Court has to take a decision looking at the pleadings of the plaintiff only and not on the rebuttal made by defendant or any other materials produced by defendant...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148-- Specific performance - Non deposit of balance sale consideration within time - Decree is not executable by making payment of interest even when J.D. has not sought rescission of contract...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148-- Specific performance - Extension of time to deposit balance sale consideration - There is no automatic extension of time merely because recession of contract is not sought by JD...........

Showing : 371-380 of 2826 Results