Showing : 1201-1210 of 20116 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Held, Courts should be careful whenever a report of refusal is received and not to order service through local proclamation in a routine manner...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Court is required to entrust the job of local proclamation to some other process server other than one who was earlier entrusted to serve the summons and who..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Ex parte decree - Setting aside - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Once there is report of refusal, it is mandatory that process server be summoned in the Court and examined while giving opportunity to the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High Court formulated six substantial question of law - High Court committed an error as it framed two additional questions in the judgment itself - It caused prejudice to the rights of the parties who suffered the adverse order, as it had no knowledge about framing of two..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Framing of additional questions - High Court though had jurisdiction to frame additional questions by taking recourse to S.100(5) Proviso CPC but it was subject to fulfilling three conditions i.e: (i) such questions should arise in appeal; (ii) assign reasons for framing additional..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 92-- Auction sale - Setting aside - Application U.O.21.R.90 CPC to set aside sale on the ground of material irregularity dismissed and sale confirmed - Objector is precluded by virtue of provision U.O.21.R.92(3) CPC from bringing a fresh suit to set aside sale on the same grounds...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 9, 10-- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of money against appellant and contractor - Neither plaint nor documents disclosed any evidence to proof that appellant has nexus to sub-contract between plaintiff and contractor - Not their exist a single invoice for the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90, 92-- Auction sale - Setting aside - When auction purchaser is DH himself and when an application is made to set aside sale on a ground other than that covered by O.21.R.90 CPC and no application has been made U.O.21.R.89 CPC, case would fall u/s 47 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 66-- Auction sale - Enforcement of maintenance decree filed by wife of defendant No.1 - Non-compliance of O.21.R.66 CPC - Sale and its confirmation itself not questioned on any ground whatsoever by plaintiff - Ground relating to no, compliance of O.21.R.66 CPC not taken in plaint and in the absence of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Arbitration clause - Dispute referred to arbitrator - Arbitral award ordering specific performance - Vendee failed to deposit the amount as required to pay as per arbitral award enforceable being a decree under CPC - Even no steps or attempt being made for such payment..........

Showing : 1201-1210 of 20116 Results