Showing : 381-390 of 679 Results

MADRAS HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with permission to file fresh suit on the same cause of action - Simpliciter suit for injunction - Defendant setting up plea of exclusive possession - If permission is granted to withdraw suit and to file fresh suit for declaration and injunction right of defendant would be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - At appellate stage - Not permissible when there is already a judgment against plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3-- Proviso - Compromise decree - One party disputing it - Court adjudicating on the question whether there was a compromise or not - Decree thus passed by Court is not a compromise decree as such S.96(3) CPC is not applicable and the party aggrieved by such decree passed on a disputed compromise or..........
PATNA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 23, Rule 3, Registration Act, 1908, Section 17(2)(vi)-- Compromise decree - If creates right, title and interest for the first time then it requires compulsory registration...........
PATNA HIGH COURT
Year of decision: 2005
Details
Registration Act, 1908, Section 17(2)(vi), Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise decree - Lessor alienated absolutely the right, title and interest in suit property in favour of lessee - By virtue of compromise decree right, title and interest was absolutely alienated, and created for the first time in favour of the lessees - Held, compromise decree requires..........
PATNA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 23, Rule 3, Registration Act, 1908, Section 17(2)(vi)-- Compromise decree - Registration - Can be summarized as : (1) Compromise decree, if bonafide, in the sense that the compromise is not a device to obviate payment of stamp duty and frustrate the law relating to registration, would not require registration - In a converse situation, it would require..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 1-- Review - O.23.R.1 CPC is not strictly applicable to review petition - Principles analogous to O.23.R.1 CPC however are applicable to review petition...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 23, Rule 3-A-- Compromise decree - Obtained by fraud and misrepresentation - Court which passed the order has inherent jurisdiction to set aside the order - No separate civil suit is required to be filed for this purpose...........
KERALA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit on the same cause of action - On filing of fresh suit order passed in previous suit staying execution of decree will not revive...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Compromise decree - Recall - Premises vacated on receipt of Rs.7.50 lacs - Respondent however seeking recall of consent decree on the plea that consent was obtained under duress and coercion - Respondent alleged to be forcibly evicted on 24.12.1997 and consent terms signed on 29.12.1997 - If..........

Showing : 381-390 of 679 Results