Showing : 10091-10100 of 16696 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Defendants restrained from construction, alienation or altering the nature of the suit properties - Suit property commercial in nature - Share of plaintiff not more than 1/8th in the suit property - Due to injunction defendants not able to enjoy fruits of development..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Setting aside exparte decree - Expression '....such terms as to costs, payment into court or otherwise as it thinks fit....' - Scope of - While setting aside exparte decree conditions can be imposed upon defendant, but such conditions should be reasonable and not oppresive or harshly excessive -..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining alienation - Prima facie case - To come to such a finding Court can take into consideration the extent of plaintiff's share in the property, if any...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Exparte decree for Rs.37 lakhs - While setting aside exparte decree condition of furnishing security of Rs.37 lakhs either in the form of bank guarantee or in cash imposed - Held, while setting aside a decree, conditions can be imposed but such conditions should..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Setting aside exparte decree - Discreationary jurisdiction conferred on the Courts for setting aside exparte decree - Conditions to be imposed by Court - Scope of - Case laws discussed...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Setting aside exparte decree - Application for recording a decree under O 12, R 6 - Defendant proceeded ex-parte - Ex-parte judgment and decree on admission of sum of Rs. 37, 24, 478/- passed - Application for setting aside ex-parte decree - Allowed by Trial Court with a condition to furnish..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3A-- Maintainability of suit challenging consent decree - Suit by Trust through Chief Trustee - Resolution of Trust authorising Chief Trustee to compromise suit - Other Trustees signatory of resolution - Compromise entered among parties - Another suit filed by Trust for setting aside consent decree -..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Arbitration and Conciliation Act, 1996, Section 11, Civil Procedure Code, 1908, Order 3, Rule 1-- Arbitrator - Appointment - Counsel consented to appointment of an arbitrator - High Court in a petition u/s 11 of the Act appointed an arbitrator on consent given by counsel for appellant - Arbitrator so appointed entered into reference and proceeded in the matter - Held, such party cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 3, Rule 1-- Concession by counsel - It is binding on party - However, matter is different if concession is made on a question of law - A wrong concession on legal question is not binding upon client...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A-- Compromise decree - Setting aside - Separate suit is not maintainable - A party can challenge the legality of the compromise only before the same court and the court is enjoined with a solemn duty to decide such controversy - Application filed in Court which passed the compromise decree is..........

Showing : 10091-10100 of 16696 Results