Showing : 4371-4380 of 8635 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 39, Rule 2-A-- Injunction - Disobedience or breach - Jurisdiction - A subsequent decision that the Court had no jurisdiction to entertain the suit does not render interim orders passed earlier non est or without jurisdiction - A party committing breach of such orders cannot escape the consequences of such..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 94(c), Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 12, 2(b)-- Order prohibiting creating any interest in favour of third party either by sale, mortgage, transfer, assignment, gift or 'in any other manner whatsoever' - Held, entering into an agreement or acceptance of full or even part consideration is hit by said order and amounts to `creation of interest'..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 47-- Execution - Consent decree - Executing Court has no authority to set aside, modify or vary the consent decree...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 34-- Interest - Money suit - Court may in the decree order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit, till the date of the decree in addition to any interest adjudged on such principal sum for any period prior to the..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 151-- Inherent power - Court can exercise power u/s 151 C.P.C. in certain situations but not in a case where the party has a right of filing an appeal or of revision under the Code itself...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Lack of jurisdiction of Court - Plea can be raised for the first time in second appeal...........
KERALA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 72-A-- Suit for recovery of mortgage money by way of sale of mortgaged property - Suit decreed - Held, decree holder is entitled to bid and purchase the property with prior permission of court - In such a case Court will fix reserve price as envisaged U.O.21.R.72-A(2) CPC - If permission is not obtained..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the reasons..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- L.R's - Non impleadment - Abatement - Setting aside - If the following three conditions exist then Courts usually condone the delay and set aside the abatement (even though the period of delay is considerable and a valuable right might have accrued to the opposite party) - (i) The respondent had..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- L.R's - Non impleading - Abatement - Setting aside - Consideration for condonation of delay u/s 5 Limitation Act and setting aside of the abatement U.O.22 are entirely distinct and different - Court always liberally considers the latter...........

Showing : 4371-4380 of 8635 Results