Showing : 2001-2010 of 2739 Results

SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 15, Rule 5-- Rent - Deposit - Delay - It is not obligatory to strike off defence - Court has discretion in the matter and power to strike off defence is to be exercised with due regard to the facts and circumstances of each case...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115, Order 15, Rule 5-- Delay in deposit of rent - Trial Court not striking off defence exercising its discretion - High Court not justified to interfere in revision...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 15, Rule 5-- As in P&H - Arrears of rent - Failure to deposit admitted rent - Striking off defence - Summons stated only a date of appearance and not date of hearing - Trial Court refused to strike off defence for more than one valid reason - High Court in revision struck off the defence - Held, High Court has..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Judgment or decree passed as a result of consensus arrived at before Court cannot always be said to be one passed on compromise or settlement and adjustment - It may, at times, be also a judgment on admission...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 15, Rule 5-- As in P&H - Arrears of rent - Failure to deposit admitted rent - Striking off defence - It is not obligatory for Court in every case to strike off defence only because there is delay in deposit of arrears of rent - Court has discretion in the matter and the power to strike off defence is to be..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Only a part of property involved in previous suit - Held, principle of res judicata is attracted where issues are directly and substantially involved between the same parties in the previous and subsequent suit - may be - in the previous suit only a part of the property was involved..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 3, Rule 1-- Suit for specific performance - Dismissed by trial Court and affirmed by first appellate Court but claim for refund of Rs.2500/- with interest allowed - In second appeal in terms of consensus of both counsels decree modified where respondents were to pay Rs.25, 000/- to appellant - Contention that..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 92, 11-- Representative suit - Binds not only the parties named in the suit title but all those who share common interest and are interested in the trust - Explanation VI to S.11 constructively bars by res judicata the entire body of interested persons from re-agitating the matters directly and..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Sikh Gurdwaras Act, 1925, Section 7(1), 8, 9, 10, 14, 16(2), 18(1)(g), Civil Procedure Code, 1908, Section 92, 11-- Petition that institution is a Sikh Gurdwara - In an earlier civil suit u/s 92 CPC it was held that Nirmalas are not Sikhs and that Dera was maintained for an entirely distinct sect known as Nirmalas Sadhus who cannot be regarded as Sikhs and that mere fact that at some stage there was a Guru..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Punjab Municipal Act, 1911, Section 84, 86, Civil Procedure Code, 1908, Section 9-- Property tax - Assessment and levy - Civil suit challenging assessment and levy of such tax - Provision of appeal contained in S.84 of the Act provides a complete remedy and no other remedy is available - Civil suit is barred...........

Showing : 2001-2010 of 2739 Results