Showing : 1-10 of 6066 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - First appeal involved both disputed questions of law and fact - First appeal dismissed by a cryptic order without examining any of the aspects - First Appellate Court failed to follow the provision of O.41.R.31 CPC while deciding appeal - Judgment and decree passed by First..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Registration Act, 1908, Section 17(1)(b), 17(2)(vi)-- Registration - Compromise decree - Compromise decree comprising immovable property other than which is the subject matter of suit or proceeding requires registration, although any decree or order of a Court is exempted from registration by virtue of S.17(2)(vi) of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- Death of decree holder during pendency of execution proceedings - Substitution of L.R's - Appellant is sole claimant to estate of DH on basis of Will - He thus, as LR is entitled to execute decree and to take it to its logical end - Executing Court rightly allowed appellant to execute decree...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 22, Rule 12-- Abatement - Execution proceedings - Normal principle arising in a suit before decree is passed that LRs are to be brought on record within a particular period and if not, suit could abate is not applicable to cases of death of DH or JD in execution proceedings...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13- - Ex parte decree - Setting aside - Appeal against an ex-parte decree dismissed - No direction issued by Appellate Court directing plaintiff to avail remedy of an application U.O.9.R.13 CPC - Remedy of an application U.O.9.R.13 CPC is thus, clearly barred by O.9.R.13 Proviso CPC...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of more than 534 days in filing appeal against decree passed in Counter claim - Respondent has not approached Court with clean hands as he suppressed material facts, that too, deliberately and intentionally and thereby tried to gain an unfair advantage from the Court,..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Partition -- Final decree - Appointment of Local Commissioner to partition the suit property according to preliminary decree - Appellant purchased some portion of suit land after passing of preliminary decree but before final decree - Sale hit by rule of lis pendence - Held, decree holder was not bound to give..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Two remedies available to defendant are, First to file an application U.O.9.R.13 CPC to set aside ex parte decree and second to file an appeal u/s 96(2) CPC...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14-- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........

Showing : 1-10 of 6066 Results