Showing : 2061-2070 of 2791 Results

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-- 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, 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, 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...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - Validity - Can be challenged before the same Court - Compromise whether void or voidable has to be determined by the Court - Once it is held that compromise is fraudulent the same per se would be unlawful and the Court is required to declare the same as such...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 8, Rule 6-A-- Written statement not filed - Counter claim is not entertainable when there is no written statement on record...........

Showing : 2061-2070 of 2791 Results