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SUPREME COURT OF INDIA

Year of decision: 2007
Details

Civil Procedure Code, 1908, Section 152 -- Correction of clerical and arithmetical error - Case law discussed...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Transfer of Property Act, 1882, Section 60, Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Mortgage - Right of mortgagor to reedem - Extinguishment of right by decree of Court - Right to reedem continues to exist at all times but before confirmation of sale of mortage property irrespective of decree of sale is granted - Even second suit to seek redemption would be..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908 -- Nature of suit - Determination of - It is not the title of the suit which determines the nature of the suit - The nature of the suit is required to be determine by the reading all the avernments in the suit...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Grant of permission - Court there after becomes functuous officio - Court cannot grant further relief...........

RAJASTHAN HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Limitation - 'No instructions' - Party cannot be penalised for fault of counsel - Limitation to file application to set aside exparte decree starts from the date of knowledge - Application for condonation of delay allowed - Exparte decree set aside...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 41, Rule 31 -- Appellate Court - In the case of reversal of judgment of trial Court 1st Appellate Court ought to give some reasons for reversing the findings of trial Court whereas in the case of affirmation it need not reiterate the reasoning given by trial Court - Expression of general agreement with the reasons given by the trial Court..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Delhi Rent Control Act, 1958, Section 3(c), 8, 14(1)(e), Civil Procedure Code, 1908, Order 23, Rule 1 -- During pendency of eviction petition rent increased u/s 6-A of the Act after issuing notice u/s 8 of the Act - Rent exceeded Rs.3500/- p.m. - S.3(c) of the Act will come into operation - Rent Act will not remain applicable - Landlord has a right to withdraw eviction..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Civil Procedure Code, 1908, Section 20(c) -- Jurisdiction - Suit lies in a Court within the local limits of whose jurisdiction the cause of action has arisen, wholly or partly...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Agreement executed at place `H' and part of cause of action accrued within the jurisdiction of Court at place `D' - Suit can be instituted at either of the two places - Mere execution of agreement at place `H' does not take away the jurisdiction of Court at place `D' where a part of cause of action has arisen...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Agreement executed in Hong Kong with a clause 'Terms and conditions of the agreement shall be interpreted in accordance with the laws of Hong Kong Special Administrative Region' - Held, this clause has nothing to do with jurisdiction of Court - Suit filed in a Court in India where part of cause of action accrued -..........

Showing : 11761-11770 of 22422 Results