Showing : 2021-2030 of 7811 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Attachment - Objections - Not mandatory to frame issues and to allow parties to lead evidence - If from documentary evidence fact situation becomes crystal clear then court is not required to record formal or oral evidence while determining objections U.O.21.R.58 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 13, 54-- Execution - Attachment order - It is implied that executing court has to satisfy itself before passing of order of attachment that judgment debtor had any share or interest in property to be attached, otherwise question of judgment debtor transferring or charging property in any way as..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 149-- Deficient Court fee - Provision of S.149 empowers Court to retrospectively validate insufficiency of stamp duties etc. - It is usual practice that Court provides an opportunity to the party to pay court fee within a stipulated time and on failure of which Court dismisses the appeal - It is usual..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 149-- Payment of deficient court fee - Extension of time - Concealment of material fact while seeking extension of time is a ground for dismissal of application...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 149-- Payment of deficient court fee - Extension of time - Non payment of court fee due to financial difficulties - Party facing a situation like this, does not deserve the dismissal of original suit by Court for non payment of court fee...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 149-- Delay - Condonation - Delay in paying court fee condoned - Held, there is no reason in rejecting the application for condonation of delay in filing the appeal...........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise decree - There is no rule that a compromise decree should be an executable one or that it could not be one dismissing suit - When there is a compromise between parties, what is required is that Court has to order such agreement, compromise or satisfaction to be recorded and pass a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 24-- Transfer of suit in one Court - Suit property in all three suits common - Held, these must be heard and tried by one Court, though, separately, as parties are not common in all three suits - But in order to avoid conflicting judgments, all three judgments in these three suits must be passed on one..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Second suit on the same cause of action - If a plaintiff is entitled to seek reliefs against the defendant in respect of the same cause of action, the plaintiff cannot split up the claim so as to omit one part to the claim and sue for the other - If the cause of action is same, the plaintiff has..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, 39(3)- - Transfer of decree for execution - Competent Court - Held, transferee Court would be a Court of competent jurisdiction to execute decree even if it had otherwise no jurisdiction to try suit provided subject-matter of suit wherein decree was passed does not exceed pecuniary limits, if any, of its..........

Showing : 2021-2030 of 7811 Results