Showing : 1961-1970 of 2791 Results

SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Can be granted only in exceptional cases coming within exceptions noticed in Dorab Cawasji Warden case...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Expiry of period of license - Suit for possession - Interim mandatory injunction directing defendant to hand over vacant and peaceful possession of premises - Cannot be granted - Granting of interim order directing handing over of possession would only mean..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Appeal - Death of appellant during pendency of appeal - Applicant came to know about pendency of appeal when he received a communication from Advocate engaged by his father - Application rejected on the ground that there was no prayer for setting aside abatement of appeal nor for condonation of..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Industrial Disputes Act, 1947, Section 25F,25G,33C-- West Bengal Industrial Disputes Rules, Rule 77A - Civil Procedure Code, 1908, Section 11, Explanation V - Retrenchment - Interference by the Industrial Tribunal with the retrenchment of the appellant-workman not only on the ground of non-compliance of the provisions of Section 25(F) (b) of the Act..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Fraud - Non service of summons does not constitute fraud or misrepresentation...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Ex parte decree - Setting aside - Fraud - To prove fraud it must be pleaded and proved - To prove fraud it must be proved that representation made was false to the knowledge of the party making such representation or that the party could have no reasonable belief that it was true - Level of proof..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial questions of law formulated for consideration in course of writing judgment - Parties not made known about the substantial questions of law - Judgment of High Court not sustainable...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 11, Order 22, Rule 3, 11-- Impleading of L.R's - Application held not maintainable on ground that separate application for condonation of delay not filed - Subsequently separate applications filed - Held, subsequent applications not barred by principle of res judicata...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47-- Execution - Distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law - Where a Court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47-- Execution - Non joinder of a party who is not necessary party to the suit - Does not render the decree a nullity...........

Showing : 1961-1970 of 2791 Results