Showing : 2101-2110 of 2760 Results

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 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 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 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 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..........
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...........

Showing : 2101-2110 of 2760 Results