Showing : 2121-2130 of 2739 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 37, Rule 1, 3-- Suit for recovery on a document - Leave to defend - Dispute whether document is a guarantee bond or merely an indemnity bond - Court required to consider the nature and meaning of the document - Held, this in itself is sufficient to grant leave to defend...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 10-- Defendant directed to appear in person under Order 10 CPC - Defendant failing to appear inspite of several opportunities as such defence of defendant stuck of - Order upheld...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Subsequent events making interim injunction infructuous - Proper course - Appeal allowed - Interim injunction vacated - Suit to be disposed of expeditiously...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Arbitration Act, 1940, Section 14, 17, 39, 41, Civil Procedure Code, 1908, Order 9, Rule 13-- Award made rule of Court after notice to appellant by Single Judge of High Court - Appellant moving an application U.O.9.R.13 for setting aside decree making the award rule of Court terming it ex parte and pleading sufficient cause of non appearance - Rejected by Single Judge - LPA is not..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 41, Rule 11(1)-- Second appeal - Absence of appellant or his advocate - Appeal to be dismissed for non prosecution and not to be decided on merits...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Imposing conditions - While restoring a case Court may impose conditions to deposit costs or the decretal amount or some portion thereof or to ask the defendant to give security but such conditions should be reasonable and not harshly excessive...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Plaint ill-drafted with cryptic and inaccurate averments - No prejudice could possibly be caused to respondents - Rather they would be in better position to know exact case of plaintiffs and proceed accordingly - Held, amendments in plaint except para 4(d) allowed with costs..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Evidence Act, 1872, Section 18, Civil Procedure Code, 1908, Order 12, Rule 6-- Eviction petition - Statement of counsel for the tenant that landlord requires the premises - Does not amount to admission by the party...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Eviction petition - Conceding ground of eviction and seeking time by counsel in a statement - Cannot be termed as compromise...........

Showing : 2121-2130 of 2739 Results