Showing : 2131-2140 of 2760 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 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 47, Rule 1-- Review - Unless order sought to be reviewed suffers from error apparent on face of order and permitting order to stand will lead to failure of justice, no interference can be made in review jurisdiction...........
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...........

Showing : 2131-2140 of 2760 Results