Showing : 2931-2940 of 6170 Results

RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Sufficient cause - Bonafides absent - There can be no sufficient cause when bonafides are absent...........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Defendant proceeded exparte when case was pending for evidence of defendant - Thereafter case was adjourned on several occasions for hearing of the arguments and defendant or his counsel did not appear - Bonafides absent - When bonafides are absent there is no..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 47-- Death of defendant during appeal - Application filed for impleading L.R's but order not passed by Court inadvertently - Decree drawn against a dead person - Held, decree is executable against legal representatives - Parties not to suffer for mistake of Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Agreement to sell-- Agreement to sell house in which defendant resides - Plea that it is not equitable to grant decree of specific performance of house in which defendant resides - Plea repelled - Moreover the plea of hardship is not proved from the evidence on record - Also it is not a case that defendant did not..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Hindu Adoptions and Maintenance Act, 1956, Section 18, 3(b)-- Wife living in matrimonial home - Husband getting decree for possession - Question as to whether maintenance encompass a provision for residence? - Right to residence is a part and parcel of wife's right to maintenance - Maintenance as defined in S.3(b) of the Act includes a provision for..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 96-- Appeal - By third party - Appeal can be filed with leave of the Court - Leave should be granted to a person to file an appeal even though he was not an eo nominee party to the suit or proceeding, if he is bound by the decree of judgment in the proceeding in question...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 96-- Appeal - By third party - Ordinary rule is that only a party to a suit adversely affected by the decree or any of his representative in interest can file an appeal - However, if a person can establish before the Court that he would be affected by the judgment, he may prefer an appeal with the..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Condonation of delay - Sufficient cause for not filing application within time explained - Defendant not negligent - No affidavit in support of the fact that defendant never knew of decree when someone had come to take possession of property - However, it is not..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Insurance Act, 1938, Section 38, Transfer of Property Act, 1882, Section 130, 135-- Decree - As soon as it is passed or order is made in favour of the complainants, the Bank is entitled to claim the said amount - For such a relief, it is not necessary for the Bank to become a plaintiff by filing a suit in a competent Court of law and obtain a decree in its favour...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Jammu and Kashmir Migrants (Stay of Proceedings) Act, 1997, Section 3, Insurance Act, 1938, Section 38, Transfer of Property Act, 1882, Section 130 , 135-- Insurance claim - Assignment and transfer of insurance policies - Transfer of actionable claim - Assignment of rights under policy of insurance against fire - Substantial advance was made to the complainants by the Bank and it was having charge over the property of the Company and the Mill - In..........

Showing : 2931-2940 of 6170 Results