Showing : 1961-1970 of 2930 Results

SUPREME COURT OF INDIA
Year of decision: 2005
Details
Specific Relief Act, 1963, Section 12(3), Civil Procedure Code, 1908, Order 6, Rule 17-- Agreement to sell - Suit for specific performance - Amendment of plaint sought by which a share sought to be relinquished - There is no limitation for filing such an application - Such an application can be filed at any stage of the proceedings and can even be filed in Appellate Court - In the..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Eviction petition - Tenant not appearing despite service of summons by registered post and through process server - Tenant proceeded exparte and exparte eviction order passed - Application to set aside ex parte order dismissed and tenant did not file any appeal - High Court in such a situation..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 152-- Scope - Provision can be invoked for limited purpose of correcting clerical errors or arithmetical mistakes in the judgment and cannot be invoked for claiming a substantive relief which was not granted under the decree, or as a pretext to get the order which has attained finality reviewed...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Doctrine of res judicata does not stricto sensu apply to the proceedings under Article 226 of the Constitution...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Addition of a party - Suit for specific performance - A stranger or a third party to the contract, claiming to have an independent title and possession over the contracted property is not entitled to be added as a party in the suit...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Additional of a party - When with addition of party scope of suit is enlarged then party to be added cannot be said to be a proper party...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Suit for specific performance of agreement to sell - Addition of a necessary party - Person who claims adversely to the claim of a vendor is not a necessary party - Two tests to determine as to who is a necessary party in such a suit are: (a) there must be a right to some relief against such party..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Suit for specific performance - Addition of a party - Proper party - Guiding principle for deciding the question as to who is a proper party is that the presence of such a party is necessary to adjudicate the controversies involved in the suit for specific performance of the contract for sale...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Addition of a party - Suit for specific performance - By addition of a party if suit for specific performance is converted into a suit for title then party to be added is neither a necessary nor a proper party...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 41, Rule 1(3), 5-- Money decree - Appeal against - Stay of execution - Deposit of amount disputed in appeal or to furnish security is a condition precedent for grant of stay of execution of decree - However, it is discretion of Court to order deposit of amount or to furnish security and this discretion is to be..........

Showing : 1961-1970 of 2930 Results