Showing : 501-510 of 17607 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2)-- Auction sale - Proclamation - Joint property - Undivided share or right or interest of JD in joint property can be sold - But a specified portion of a property cannot be sold in execution sale describing it as share of JD...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2)-- Auction sale - Proclamation - Joint property - An undivided share of a co-owner of a property may be subject matter of sale - But a definite piece of joint property cannot be sold in execution sale describing it as share of JD - Purchaser cannot be put into possession of property unless property..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80-- Notice - Notice u/s 80 CPC is condition precedent when suit instituted seeks relief against Government or against public officer in respect of any act purported to be done by him in his official capacity...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1-- Non filing of written statement - Defence struck off - Application u/s 151 for taking written statement on record - Plea that wife was ailing - However wife was not on leave from her employment throughout the same period - It shows the casual manner in which proceedings are pursued - Order..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Compromise Second appeal disposed of affecting rights of parties in light of compromise - High Court did not examine plea of appellants properly keeping in view the facts alleged in application and while negating attack and observed that appellants are free to take recourse to any..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80-- Notice - Non-compliance of S.80 CPC - Return of plaint - No relief claimed against officials of State - They impleaded only because plaintiff seeking cancellation of registered sale deed - Insistence by trial Court as to compliance with S.80 CPC is superfluous and unnecessary - Order of return of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9-- Appointment of Advocate Commissioner - Measurement of land within boundaries of plot - Court below dismissed the application for appointment of advocate Commissioner after consideration of evidence and material on record - This Court is not inclined to differ with order passed by Court below -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27, 23A, 25-- Additional evidence at appellate stage - Additional evidence taken into consideration while deciding appeal without affording opportunity to opposite party to file rebuttal evidence to counter additional evidence - Appellate Court could have set aside judgment and remanded case to trial Court to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied..........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3-- Compromise decree - Objection as to its executability/execution - Compromise decree is enforceable by levying of execution as contemplated U.O.23.R.3 CPC, particularly when both the parties on mutual consent had agreed that compromise decree would be executable on its no, implementation of terms..........

Showing : 501-510 of 17607 Results