Showing : 2091-2100 of 2773 Results

SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 3-- Immovable property not definitely identified - Decree passed overlooking the provisions of O.7.R.3 & O.20.R.3 CPC - It is an inadvertent error and does not affect the merits of the case - Error can be rectified by having resort to S.152 or S.47 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Issues of res judicata, constructive res judicata and maintainability of suit - Can be treated as preliminary issues - Such issues, in fact, when facts are admitted, ordinarily should be decided as preliminary issues...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 24-- Transfer of case by High Court - Held, High Court had the requisite jurisdiction to withdraw any suit pending in any Court subordinate to it and try or dispose of the same inter alia on its own motion, wherefor even no notice is required to be issued...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 97-- Suit for partition - Preliminary decree passed - No appeal filed by aggrieved party - Held, it is not open to such aggrieved party to raise the contention that he was a tenant of the suit premises at the time of passing of the final decree...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 41, Rule 1, 2-- Appeal - By third party - A person whose right is affected by reason of the judgment and decree has right to file an appeal - Appeal by third party is not maintainable when there is no contention that in the event the impugned judgment and decree is allowed to stand the same will cause personal..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 18, Rule 4(1)-- (As amended) - Examination-in-chief to be by affidavits - Court has power to direct either all the evidence recorded in Court or all the evidence recorded by Commissioner or partly by Commissioner and partly by Court - Evidence may be recorded either in writing or mechanically - `Mechanically'..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 41, Rule 9-- As amended - Appeal is to be filed U.O.41.R.1 in the Court in which it is maintainable - All that Order 41 Rule 9 requires is that a copy of memorandum of appeal which has been filed in the appellate court should also be presented before the court against whose decree the appeal has been filed and..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 18, Rule 17-A-- (As amended) - Provision is deleted with a view that unnecessarily applications are not filed primarily with to prolong the trial...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 41, Rule 9-- (As amended) - Appeal is to be filed U.O.41.R.1 in the Court in which it is maintainable - All that Order 41 Rule 9 requires is that a copy of memorandum of appeal which has been filed in the appellate court should also be presented before the court against whose decree the appeal has been filed..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 27-- As amended - 'On such day not beyond thirty days from the date of the institution of the suit' - Meaning - It fixes outer time frame i.e. steps must be taken within thirty days from the date of the institution of the suit, to issue summons - Correct address and process fee must be filed in the..........

Showing : 2091-2100 of 2773 Results