Showing : 451-460 of 3035 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Debenture Trust Deeds - Invocation of unconditional corporate guarantee - Sum of Rs.418 Crores paid by Dutch company to Indian company for purchase of shares as well as compulsorily convertible debentures - Transaction itself is not violative of FEMA Regulations -..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Subsequent purchasers - Impleadment - Suit for specific performance - When plaintiff wants to implead certain persons as defendants on the ground that they may be adversely affected by the outcome of suit, then interest of justice also requires allowing such a prayer for impleadment so that..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Subsequent purchaser - Impleadment - Suit for specific performance - A purchaser is a necessary party as he would be affected if he had purchased with or without notice of contract, but a person who claims adversely to claim of a vendor is, however, not a necessary party...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 34, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 1(4)-- Debt recovery proceedings - Jurisdiction of civil Court - Civil Court has no jurisdiction to entertain proceedings u/s 13 R/W S.34 of SARFAESI Act, as it specifically provides bar of jurisdiction of civil Court - Only remedy available is to approach Tribunal under the provisions of DRT Act to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Preliminary issue - Probate proceedings - Issue as to caveatable interest - Preliminary issues are triable before proceedings are treated as a full fledged suit under order of judge concerned - Preliminary issue does not relate to validity or legality of Will sought to be probated but only to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction - Civil suit for possession/ejectment - Rent Act made applicable during pendency of suit - Right of parties stand crystallised on the date of institution of suit and therefore law applicable on the date of filing of suit continues to apply until suit is disposed of or adjudicated - If..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - High Court to decide second appeal only on questions framed - Jurisdiction of High Court to decide second appeal is confined only to questions framed - When High Court did not frame any question on question of remand, to trial Court a fortiori it had..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Where the findings of two Courts below were not perverse to the extent that no judicial person could ever come to such conclusion and these findings neither were in conflict with law nor against pleadings or evidence, such findings were not capable of being set aside by High Court..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Framing of substantial question of law is sine qua non for admitting second appeal - Unless question framed were debatable or/and arguable or/and involving any legal question High Court had no jurisdiction to formulate such questions treating them to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - High Court has no jurisdiction to decide all the issues as if it was hearing first appeal and instead of answering the questions, set aside the judgment/decree of two Court below and proceeded to remand the cases to trial Court for de novo trial...........

Showing : 451-460 of 3035 Results