Showing : 2021-2030 of 2760 Results

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
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
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
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...........
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...........

Showing : 2021-2030 of 2760 Results