Showing : 2031-2040 of 2739 Results

SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 100-- Application U.O.21.Rr.99 & 100 - Requirement for consideration of application is whether applicant claimed a right independent of the judgment debtor or not - A person claiming through or under J.D. may be dispossessed in execution of a decree passed against J.D. but not when he is in possession..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 17, Rule 2-- Expln. - Court can exercise jurisdiction under Expln. to Rule 2 of Order 17 CPC only when evidence on record is sufficient to substantiate the absentee party's stand and for disposal of the suit - It is also imperative for the Court to record its satisfaction in that perspective - If the evidence..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 13-- Order of Court 'No representation for the defendants hence suit decreed with costs...' - This is an exparte adjudication and not a decision on merits - There is no indication as to what evidence was evaluated and/or whether the merits were tested - Application U.O.9.R.13 CPC allowed - Order..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Not only special circumstances which prevented from appearance or applying for leave to defend but also facts, by affidavit or otherwise, have to be shown which would entitle him to defend the suit - In this respect O.37.R.4 is different from O.9.R.13 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Sufficient cause for non appearance on the date of passing exparte decree shown but failure to disclose facts which would entitle him to defend the case - Application rightly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4, Civil Procedure Code, 1908, Order 9, Rule 13-- Difference between the two provisions - Enumerated...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 34, Order 37, Rule 3-- Interest - Suit under summary procedure - Liability not arising out of a commercial transaction - Rate of interest reduced from 18 percent to 6 percent per annum...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Security - Deposit of decretal amount to serve as security for the suit amount in the event Court granting leave to defend the suit - Relief not granted - Amount can be withdrawn by depositor or he can have it adjusted in satisfaction of the decree...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Civil Procedure Code, 1908, Order 9, Rule 13-- Provision of O.9.R.13 CPC does not apply to a suit filed under Order 37 as O.37.R.4 CPC specifically provides for setting aside decree...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Concurrent finding on the exercise of discretionary jurisdiction - High Court should not interfere therewith without arriving at a finding that the discretion has been exercised by Courts below on wrong legal principle...........

Showing : 2031-2040 of 2739 Results