Showing : 2091-2100 of 2739 Results

SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 9-- Civil Court - Barring of jurisdiction by special statute - Guiding principles are (1) If specifically barred by an express provision of a Special Act then jurisdiction of civil Court shall stand excluded (2) If there is no express provision in a Special Act barring jurisdiction of civil court but..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 9-- Civil Court has jurisdiction, if order complained of is a nullity, even when its jurisdiction if expressly or impliedly barred by special statute...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 83-- Execution - Auction sale - Participation by J.D. - If J.D. does not choose to participate in auction sale despite opportunity, his request for setting aside sale later on at confirmation stage, as an after thought, cannot be accepted...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Admission of parties or their witnesses are relevant pieces of evidence and should be given due weightage by Courts - A finding of fact ignoring such admissions or concessions is vitiated in law and can be interfered with by the High Court in second appeal...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - When judgment of the final Court of fact is based on mis-interpretation of documentary evidence or on consideration of inadmissible evidence or ignoring material evidence the High Court in second appeal is entitled to interfere with the judgment...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 23, Rule 1, 2-- Exclusion of time - Non joinder of necessary parties - Objection taken at initial stage - Despite that suit proceeded without impleading necessary parties - It cannot be said that plaintiff acted in good faith taking due care and attention hence not entitled to benefit of S.14 of Limitation Act...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Entertainable only if case involves a substantial question of law...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High Court failing to frame substantial question of law though framed points which arose for consideration - Interference by High Court in second appeal without framing substantial question of law is impressible and unsustainable...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Petrol pump - Violation of agreement - Change of constitution of firm i.e. proprietorship firm to partnership firm without prior permission of grantor/licensor - Contract terminated - Not entitled to injunction...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Violation of agreement - Agreement revoked - Whether an opportunity for rectifying the defect prior to revoking the agreement was afforded or not can only be considered when the suit is taken up for hearing and not at the stage for considering the prayer for interlocutory..........

Showing : 2091-2100 of 2739 Results