Showing : 2911-2920 of 20115 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 36-- Cost - Provisions relating to execution of decree or order include payment under a decree or order as well...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 13-- Foreign judgment - Once order or decree shows that it was obtained after following due judicial process by giving reasonable notice and opportunity to all the proper and necessary parties, Executing Court cannot enquire into the validity, legality or otherwise of judgment...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 13-- Foreign judgment - Order passed by English Court is an order on merits in view of S.13(c) CPC - Appellant does not dispute the jurisdiction of Foreign Court and on its own requested the English Court to asses the costs summarily - English Court granted costs against appellant while dismissing his..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 44A-- Execution - Foreign judgment passed by English Court - England is a reciprocating territory for the purpose of S.44-A CPC - Order passed by High Court of Justice, Chancery Division, England being a recognized superior Court in England, thus executable in India u/s 44-A CPC- Execution petition..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 44A-- Execution - Order passed by Foreign Court - Falls within definition of `Order' and therefore, it is a `judgment' and thus becomes `decree' as explanation to S.44-A(3) CPC - Moreover, order passed by English Court after observing principles of natural justice and recording reasons on an application..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 44A-- Execution - Foreign decree for costs - Penalty means a sum payable to State, not to a private claimant, so the costs imposed on the basis of indemnity is not a penalty or tax - S.44-A, Explanation II CPC does not refer to the costs contemplated u/s 35 CPC...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Substitution of L.R's - Suit against a dead person - There is no suit if there is no defendant in existence - Suit is nullity against such a defendant - There is no question of substitution of his legal heirs...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Temporary injunction - Vacant property - In case of vacant property, which is incapable of being physically possessed all the time, principle of possession follows title is applied...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Temporary injunction - Prima facie plaintiff established his title over suit property - Incidentally, plaintiff also proved to be in lawful possession of property as against defendant no.1, who failed to establish prima facie title at interlocutory stage - Balance of convenience in favour of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - All objections in terms of O.21.R.97 CPC are not necessarily to be decided by way of following proper procedure - Any frivolous objection cannot be decided by way of adopting procedure of framing issues and allowing the parties to lead evidence just to delay execution of..........

Showing : 2911-2920 of 20115 Results