Showing : 2011-2020 of 2739 Results

SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 9-- Bar to civil suit - Can be express or implied - Express bar is where a Statute itself contains a provision that the jurisdiction of Civil Court is barred - Implied bar is when a Statute provides a special remedy to an aggrieved party like a right of appeal...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Where trial Court and/or the first Appellate Court misdirected themselves in appreciating the question of law and placed the onus on wrong party there is scope for interference u/s 100 CPC after formulating a substantial question of law...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Arbitration Act, 1940, Section 29, Civil Procedure Code, 1908, Section 152-- Interest - Subordinate Judge did not grant interest in terms of S.29 of the Act - Granted by High Court in exercise of power u/s 152 CPC - Not justified - Remedy of respondent was either to prefer an appeal or to file a review petition...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree will be a nullity if passed by Court not having jurisdiction - Lack of jurisdiction in the Court passing the decree must be patent on its face in order to enable the executing Court to take cognizance of such nullity based on want of jurisdiction otherwise normal rule that an..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 47-- Execution - Plea that opportunity to deposit arrears of rent before passing the decree not granted as provided by the statute - It was for the tenants to have invited the attention of Court by making an application so as to avail an opportunity of wiping out the effect of their default - On the..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 47-- Decree - A decree suffering from illegality or irregularity of procedure, cannot be termed inexecutable by the executing Court...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - Normally Court passes decree in terms of compromise - However Court can make a change - If Court makes a change then reasons for making the change have to be recorded and then decree is not in terms of compromise...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115(1)-- Proviso as inserted by Amendment Act 46 of 1999 w.e.f. 1.7.2002 - Interlocutory orders passed by Courts subordinate to High Court against which remedy of revision excluded by CPC Amendment Act 46 of 1999 - Open to challenge in- and continue to be subject to certiorari and supervisory jurisdiction..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 115-- As Amended - Amendment of S.115 - Impact on power of High Court under Articles 226 and 227 Constitution of India - Interlocutory orders passed by Courts subordinate to the High Court - Remedy of revision against such orders excluded by amendment in CPC - However, such orders are open to challenge..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Constitution of India, 1950, Article 226-- CPC - Not applicable to writ petition - Writ Court has no jurisdiction to determine an issue on private dispute over a property or right under a partnership...........

Showing : 2011-2020 of 2739 Results