Showing : 2041-2050 of 2930 Results

SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Agreement to sell - Suit for permanent injunction - By amendment of plaint suit allowed to be converted to be one for specific performance - However, due to negligence/inadvertence, necessary pleading that plaintiff was ready and wiling to perform his part of contract omitted..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47-- Execution - Person claiming under the defendant or J.D. - Can challenge the decree or order by way of an appeal but cannot challenge the decree as being void or unenforceable in execution...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Explanation - Exparte decree - Setting aside - Application is not maintainable when an appeal against ex parte decree is dismissed may be on ground of limitation or dismissal for default - By virtue of explanation disposal of appeal on any ground whatever, apart from its withdrawal, constitutes..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Application is not maintainable when an appeal against ex parte decree is dismissed may be on ground of limitation or dismissal for default - By virtue of explanation disposal of appeal on any ground whatever, apart from its withdrawal, constitutes sufficient..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining alienation and raising construction - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens and construction raised will be at own risk or on the basis of an undertaking that there will be no alienation and..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Memorandum of appeal precisely to state substantial question of law involved in the appeal and High Court on being satisfied that a substantial question of law is involved it shall formulate that question and second appeal has to be heard on the question so formulated...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Removal of person bound by decree who does not vacate - It would include claim of a person who claims to be in possession in his own right and independently of judgment debtor but whose claim ex facie is unsustainable - However, when resistance is offered or where obstruction proceeds from the..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 92, 93, Companies Act, 1956, Section 457(1)(c), Companies (Court) Rules, 1959, Rule 272, 273, 274-- Auction sale - Set aside - Repayment of purchase price - Interest - Under O.21.R.93 CPC it is discretion of Court setting aside sale either to award interest or not to award interest - Obtaining of possession by purchaser on deposit of purchase price is relevant in deciding whether purchaser would..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Industrial Disputes Act, 1947, Section 25F, Civil Procedure Code, 1908, Section 11-- Respondents employed on daily wages in a scheme - Employment commenced in 1993 and service terminated in 1996 - Writ petitions filed for regularisation - Relief was denied holding that life of scheme had come to an end - Appeal dismissed by Division Bench - Reference before Labour Court -..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary mandatory injunction - Can be granted only in exceptional cases coming within exceptions noticed in Dorab Cawasji Warden case...........

Showing : 2041-2050 of 2930 Results