Showing : 1731-1740 of 5707 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 23, Rule 3-- Decree passed on the basis of statement of a party - Decree thus passed is different from the procedure contemplated U.O.23.R.3 CPC - If Court had recorded statement of a party and proceeds to render a judgment on the basis of such a statement, he cannot be permitted to resile from such a..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195, 476, 561A-- Dishonour of cheque - Tempering of cheques - Complaint - Quashing of - Preliminary enquiry ordered on allegation of tempering of cheques - PDJ also drew up complaint against petitioners and forwarded same to Magistrate for disposal - Magistrate issued process against petitioners by observing that..........
DELHI HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 52-- Warrants of possession - Objections - Suit for partition, declaration and permanent injunction decreed - Execution proceedings - Objection of JD that a registered power of attorney has been executed in his favour authorizing him to manage and take care of suit premises and thus he is not liable to..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 96, 2(2), 151, Court Fees Act, 1870, Section 7(iv)(b)-- Deficient court fee - Partition suit - Trial court directed that before preliminary decree is drawn, plaintiff shall make good deficiency in court fee - Deficit court fee was not paid - Appeal filed against aforesaid order - Maintainability - Held, legally no decree was in existence - Plaintiff..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 20, Rule 12-- Mesne profits during appeal - Eviction decree - Mesne profits can be at a rate higher than the provisional rent fixed during pendency of the eviction petition - Status of tenant after passing of the decree of eviction is unauthorized - Mesne profits fixed at Rs.10,000/- per month of a shop which..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 37, Rule 4- - Ex parte decree - Setting aside of - Held, it is settled law that ex-parte decree against defendant can only be set aside if he satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing and further in addition, there existed special circumstance..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Impleadment of party in execution - Purchaser of property - Sale of property by one of the decree holders after his right was determined upto High Court - Impleadment sought during pendency of suit is quite different as property cannot be alienated without permission of Court as transfer is barred..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 4-- Death of one of the appellants - Other appellants having distinct, separate and independent right of their own even when there was one joint decree passed in their favour - Decree passed has to be viewed as combination of several decrees in favour of one or the other party and not as joint decree..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 30, Rule 3, Civil Procedure Code, 1908, Order 21, Rule 50-- Ex parte decree - Setting aside - Partnership firm - Service of summons on defendant No.1 partner of the firm cannot be presumed to be service of summons on defendant No.2, who is sued in his individual capacity although allegedly being partner of the firm - Ex parte decree set aside against..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Broad principles governing are : (1) Court can, at any stage of the proceedings, either on an application made by the parties or otherwise, direct impleadment of any person as party, who ought to have been joined as plaintiff or defendant or whose presence before the Court..........

Showing : 1731-1740 of 5707 Results