Showing : 2111-2120 of 2739 Results

SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 13, 6-- Summons - Service - Refusal - Witness - Endorsement on summons shows that there was no witness available on the spot - Defendant runs a shop and the shop will be situated in a locality where there are other shops and houses - To say that there were no witnesses available on the spot is..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Second Proviso - `Had notice of the date of hearing' - It is knowledge of the `date of hearing' and not the knowledge of `pendency of suit' which is relevant for the purpose of the proviso...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 13, 6-- Summons - Service - Refusal - Witness - Endorsement on summons shows that there was no witness available on the spot - Defendant runs a shop and the shop will be situated in a locality where there are other shops and houses - To say that there were no witnesses available on the spot is..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 26, Rule 13, 14-- Suit for partition - Valuation of the property - Ordinarily it has to be the date of passing of the final decree and not the date of filing of the suit for partition - The actual partition is effected by passing of the final decree as such valuation has to be on the date of final decree...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- `Present possession of parties shall be respected as far as possible' - Means person in possession should be allowed to retain it by equalization of share - It does not mean that a person out of possession of all immovable properties should not be allowed any part of the immovable property..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition - Shares, bonds and securities - Non availability at the time of partition - By itself not a ground to deny plaintiff his share if he is otherwise entitled thereto...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition - Shares, bonds and securities - Non availability at the time of partition - Party in possession is liable to give accounts for the rents, income, profits and dividends in respect of the joint family property to others...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Second Proviso -`Had notice of the date of hearing' - It is knowledge of the `date of hearing' and not the knowledge of `pendency of suit' which is relevant for the purpose of the proviso...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Suit for recovery of money - When defendant is got restrained from alienating his property, then order to attach property before judgment should not be made...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Exparte order - Setting aside - Court has power to set aside exparte order and to impose costs and put the applicant on terms - Costs to be imposed should be reasonable so as to compensate the plaintiff for the loss of time and inconvenience - Court can direct the defendant to file written..........

Showing : 2111-2120 of 2739 Results