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Results of decree

Showing : 261-270 of 6492 Results

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to jurisdiction of Court - Issue of jurisdiction was decided by trial Court and also by Appellate Court - Executing Court is not expected to decide the same issue again while executing the decree - Objection rightly rejected...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 15, Contempt of Courts Act, 1971, Section 2(b) -- Remarriage by husband during pendency of appeal filed by wife within limitation against decree of divorce - Notice of appeal not served on husband - Nothing on record to show that husband made any effort to find out as to whether any appeal had been filed or not - Conduct of husband amounts..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 696 days in filing appeal - Partition suit - Delay is about 1 year and 9 months - If indeed appellant/defendant really suffered on account of judgment and decree of trial Court, he would have taken steps to file appeal in time - Although plaintiff sought 1/3rd share..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13, 6(a), Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Defendant proceeded ex parte on the date when case was fixed for recording defendants' evidence - It was a case where defendants did not lead any evidence - However, plaintiff was present and had led his evidence - Trial Court proceeded to..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 144, Order 19, Rule 2 -- Affidavit filed in support of application for restitution of property - Can be treated as evidence for purpose of O.19.R.2 CPC to cross-examine deponent of affidavit, as application for restitution u/s 144 CPC is substantive application and adjudication by a Court u/s 144 CPC is a decree, which can only passed..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 22, Rule 4(3) -- Abatement of appeal - Relief of declaration sought jointly against two defendants - Death of one of defendants - No application filed for bringing LRs of deceased defendant on record - Decree under challenge is joint and inseparable - Without presence of deceased or her legal heirs, dispute cannot be resolved - Appeal..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific incident of cruelty alleged by husband nor he examined any witness who can support the allegations of cruelty - Ordinary wear and tear of life cannot be said to be cruelty - More so, husband was living in same house with wife even after petition for divorce was filed -..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Section 5, Article 123 -- Ex-parte decree - Setting aside of - Limitation - As per Explanation provided to Art.123 of Limitation Act, period of limitation would commence from date of knowledge of decree when defendant is served U.O.5.R.20 CPC - In the instant..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside of ex-parte decree - Delay of 920 days - Condonation of delay - JD already aware of ex-parte decree - No satisfactory explanation for said long delay - Delay not condoned...........

MADRAS HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Simpliciter suit for injunction - Defendant denied title of plaintiff as vendor of plaintiff was not having any right and title to sell the suit property - Thus serious dispute raised by defendant as to plaintiffs title as such there was need for plaintiff to amend the plaint and convert the suit into one for declaration - Defendant..........

Showing : 261-270 of 6492 Results