Showing : 4141-4150 of 6170 Results

PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A-- as added by Haryana Act 34 of 1974 - Struck down by Division Bench in Karnal Co - operative Farmers Society's case 1976 PLJ 237 - No special law under which Civil Court decree can be challenged - General law applies for challenging validity of Civil Court decree within specified time...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 2(g)-- Question that suit property not Shamlat Deh and owned by plaintiffs decided by Civil Court decree dated 15.3.1961 - Plaintiffs as owners already in possession of land prior to 1950 - Land would not form part of Shamlat Deh under any provision of law - Civil Court has jurisdiction to grant decree..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- As per previous Civil Court decree dated 15.3.1961 plaintiffs declared owners in possession of suit land - Only subsequently when plaintiffs out of possession, suit for possession filed on the basis of ownership - Cannot be said that subsequent suit barred by Order 2 Rule 2...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4, 7, Civil Procedure Code, 1908, Section , Order 9, Rule 13-- Setting aside of ex parte decree in a suit under Order 37 - Rule 4 specifically provides for it - Provisions of Order 9 Rule 13 not applicable - Power under Rule 4 not confined to setting aside ex parte decree - Extends to staying or setting aside execution and giving leave to appear to summons..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Sufficient cause for non appearance on the date of passing exparte decree shown but failure to disclose facts which would entitle him to defend the case - Application rightly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Expression `special circumstances' not defined in Civil Procedure Code nor capable of any precise definition by Court - Non - service of summons - A special circumstance - Court to determine whether circumstances pleaded so unusual or extraordinary as to justify setting aside decree and to grant..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2003
Details
Indian Penal Code, 1860, Section 494, Ranbir Penal Code, 1989, Section 109-- Second marriage after passing of decree of divorce - Decree of divorce set aside - No offence of bigamy is committed as on the date second marriage was performed there was no subsisting first marriage...........
MADRAS HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 47, 52, 60-- Execution - Compensation awarded to legal representatives on the death of a person does not form part of the estate of the deceased and cannot be attached in execution of decree against the deceased...........
RAJASTHAN HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Unconditional withdrawal of suit as defendant satisfied the plaintiff - Held, if satisfaction of plaintiff has not resulted into a decree and plaintiff withdraws suit unconditionally then plaintiff cannot reagitate the issues which were involved in the suit...........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 144, 151, Order 9, Rule 13-- Restitution - Relief at interlocutory stage can be granted - Tenant evicted in execution of ex parte decree - Sale of property in the meantime - Exparte decree set aside as it was passed even without notice to the tenant - Order of restitution can be passed against purchaser - Relief of..........

Showing : 4141-4150 of 6170 Results