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Results of decree

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KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside - When an application U.O.9.R.13 CPC is invoked, defendant can also invoke remedy u/s 96 of the CPC and that invocation of one would not be, in any manner, contrary or exclusive to the other...........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC are not mutually exclusive - They are virtually concurrent in their field of operation...........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - When O.9.R.13 CPC provides that a decree can be set aside for reason that defendant was prevented by sufficient cause from appearing on date when case was called whereas u/s 96 CPC, he would obtain the right to assail decree itself on its merits..........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - It would be in prudence or at least ex abundanti cautela that defendant also files an appeal within period of limitation and then wait and watch as to what happens to his application U.O.9.R.13 CPC...........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - If a party chooses to file an application U.O.9.R.13 CPC before Sub Court to set aside decree, he would also be required to consider it to file an appeal simultaneously to avoid delay in filing appeal before District Court...........

KERALA HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Condonation of delay - Delay of 1433 days in filing appeal against ex parte decree - Defendants elected to prosecute and proceed only with application U.O.9.R.13 CPC, but not with the remedy of appeal u/s 96 CPC - They filed appeal after a fairly long period of time nearly 1433..........

KERALA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 21 -- Compensation - Power u/s 21 of the Act, is intended to ensure that a litigant is adequately compensated where a decree for specific performance is declined and compensation is granted in addition to or substitution of such performance...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Decree of specific performance against subsequent purchaser - Effect - Sale deed in favour of subsequent purchaser bad in law and not binding on plaintiff - Sellers directed to refund the sale consideration received from subsequent purchaser and subsequent purchaser would join in execution of sale deed in plaintiff's favour along..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Family Courts Act, 1984, Section 7 -- Jurisdiction - Act confers power in Family Court to exercise jurisdiction exercisable by any district court or any subordinate civil court under any law relating to suit or proceeding between parties to marriage or decree of nullity of marriage declaring marriage to be null and void or annulling marriage, as case may be, or restitution..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days by defendant due to sickness of his Counsel who moved out of State for his treatment - Defendant being a layman did not understand the nuances and technicalities of law and had relied upon the legal advice given to him - Defendant may suffer in case decree of damages of Rs.1 crore..........

Showing : 641-650 of 6492 Results