Showing : 1-10 of 5707 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13-- Ex parte divorce decree against wife - Appeal thereagainst - Counsel of husband directed to secure the presence of husband - Counsel of husband stated that he could not get in touch with him - Entire proceedings before Family Court orchestrated in such a way to defeat legitimate right of wife and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Specific averment in plaint that plaintiff is ready and willing to perform his part of the contract - Plaintiff had sufficient money to pay the balance consideration - First defendant had been avoiding the specific performance of agreement of sale - All formalities which are..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Three separate suits were filed by plaintiff for declaration of title and permanent injunction against defendants including State - First two suits were dismissed and plaintiffs filed appeal in both the suits - Issue of title thus, not attained finality - Findings recorded in first..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13-- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment of transferee pendente lite on the ground that heirs of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32-- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 115-- Revision - Decree of specific performance modified to a decree of refund of sale consideration by High Court in a revision filed against execution proceedings - Such a course is not open in law...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Doctrine of merger-- It applies irrespective of whether Appellate Court has affirmed, modified or reversed decree of trial Court...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 11(3), Civil Procedure Code, 1908, Order 20, Rule 6A(2)-- Execution - Consent decree - Non-filing of certified copy of decree along with execution application for the reason that same was not passed by Court - Execution application is still maintainable, as so long formal decree was not passed order recording compromise was to be treated as decree during..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 152-- To invoke powers u/s 152 of the Code, two conditions must be present, viz. (a) There has to be a judgment or decree or an order, as the case may be, and (b) judgment or decree or order, as the case may be, must contain any clerical or arithmetical error for its rectification - Any party to such..........

Showing : 1-10 of 5707 Results