Showing : 2081-2090 of 2739 Results

SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 144-- Restitution - It is statutory recognition of a pre-existing rule of justice, equity and fair play - Even away from S.144 CPC Court has inherent jurisdiction to order restitution so as to do complete justice between the parties...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Scope of provision is wide enough so as to include therein almost all kinds of variation, reversal, setting aside or modification of a decree or order - It is duty of Court to place parties in the position which they would have occupied but for such decree or such part thereof as has..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Summons - Service by substituted service - Notice ordered to be published in daily `Dainik Bhaskar' but published in daily `Aacharan' - `Aacharan' widely circulated in the area - Publication of notice in `Aacharan' is a mere irregularity and an exparte decree cannot be set aside merely on the..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 5, Rule 19-A-- Summons - Service by registered post - AD not received back - Summons if properly addressed, pre-paid and sent by registered post there is presumption of due service - However, presumption is rebuttable by convincing and cogent evidence...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Service of summons by substituted service - Notice sent by ordinary process and by registered post - Not returned unserved - Order for substituted service - Held, Court's satisfaction that defendant is avoiding service or service cannot be effected in an ordinary way is implicit in the order..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Merits of the averments sought to be incorporated by way of amendment are not to be judged at the stage of allowing prayer for amendment...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Pleadings - Amendment - Principles governing - Analysed...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for permanent prohibitory injunction - By way of amendment relief of declaration of title and possession sought - Amendment sought after 11 years of institution of suit - Plaintiff not debarred from instituting a new suit, hence to avoid multiplicity of suits amendment..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99-- Resistance or obstruction to execution of decree by any person - Removing of obstruction and delivery of possession - Executing Court to adjudicate upon the application U.O.21.R.97(1) and objector to be heard on the application before passing any order - It is not the mandate of law that..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Delivery of possession - Removal of obstruction - Objector claiming independent right over property and asserting its possession - Objector already filed suit for declaration of its title and for declaration that decree passed is not binding on it - Held, filing of independent suit is..........

Showing : 2081-2090 of 2739 Results