Showing : 2011-2020 of 2773 Results

SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 101, 99, 97-- Open vacant land - In execution of decree owner dispossessed as possession reported to be delivered to D.H. - Owner looses his right and control over the land when Nazir of Court delivered possession to D.H. - Such a person can make an application to executing Court and seek adjudication of his..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 18, Rule 4, 5-- O.18.R.4 does not make any distinction between appealable and non appealable cases so far as mode of recording evidence is concerned - Such a difference is found only in Rule 5 and 13 of Order 18 - Rules 4 and 5 are required to be harmoniously construed - Both provisions are required to be given..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - Impleadment as a party - There is no absolute rule that the transferee pendente lite without leave of the court should in all cases be allowed to join and contest the pending suits...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - Impleadment as a party - Purchase of property during pendency of suit without leave of Court - Transferee should ordinarily be joined as party to enable him to protect his interest - However, in the instant case trial Court assigned cogent reasons for rejecting such..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 6, Rule 4-- Pleading and proof - Variance - When evidence is not in line with the pleadings and is at variance with it an adverse inference has to be drawn and the evidence cannot be looked into or relied upon...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Principle of res judicata is a procedural provision and it has no application where there is inherent lack of jurisdiction...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 34, 2(12)-- Mesne profits - Interest - To be calculated on yearly basis - Mesne profits are earned year to year from the first year itself - Rate of interest cannot be more than it is claimed...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint to claim higher rate of interest - No amendment can be granted without affording opportunity to other party to rebut the same - Any such amendment to which the other party had no opportunity to rebut shall be ignored - Claim on amended rate of interest declined...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Order passed u/s 145/146 Cr.P.C. - Civil Court has jurisdiction to make an order of injunction inconsistent with the order of Executive Magistrate...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 66-- Marking of a document as exhibit - Cannot be held to be its due proof - Its execution has to be proved by admissible evidence - Situation is however different where the documents are produced, and they are admitted by opposite party, signatures on them are also admitted and they are marked..........

Showing : 2011-2020 of 2773 Results