Showing : 41-48 of 48 Results

SUPREME COURT OF INDIA
Year of decision: 1993
Details
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3-- Consent decree - When operates res judicata? A decree passed on the basis of a compromise by and between the parties is essentially a contract between the parties which derives sanctity of the Court superadding its seal to the contract. But all the same the consent terms retain all the elements of..........
KARNATAKA HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Section 47-- Decree whether passed after con-test or by compromise is executable unless the right to execute the decree is restricted by expressly or by necessary implication, either by the terms of the decree or by the provisions of law - it is not necessary that the decree must contain in it a clause for..........
ALLAHABAD HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Section 47&, Transfer of Property Act, 1882, Section 52-- Decree for specific performance passed - Property transferred - Transferees raising objection in execution that the decree is not binding on them as they were not party to the suit and the decree is not executable against them as they are bonafide tansferees for value - Order of Courts below..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1989
Details
Negotiable Instruments Act, 1881-- Promissory note - Executed by one member of joint family when he was manager of the family - Creditor filing suit against him only and decree obtained against him - Decree was not drawn against executant as manager of joint family or to be executed out of joint family property - Decree not binding..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 6, Specific Relief Act, 1963, Section 34-- Suit for a mere declaration - Plaintiff entitled to further relief of mandatory injunction - Failure to claim - Suit not maintainable as a mere declaratory decree not executable - Suit for declaration that plaintiff a bona fide auctio, purchaser of trees standing in Shamilat area and alleged..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Civil Procedure Code, 1908, Section 47-- Plea that objector a direct tenant under mortgagor - decree-holder and therefore decree a nullity and not executable - Can only be raised in the suit - Not open to Executing Court to hold decree as inexecutable when tenancy alleged to be from the period prior to filing of suit...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1976
Details
Punjab Co-operative Societies Act, 1961, Section 55, 56- - Award - Mast be supported by reasons - Cryptic award - Not a speaking award - Nullity - Arbitrator must set out : (1) items of dispute, (2) decisions thereon, (3) reasons for those decisions - Arbitrator acts as a quasi-judicial tribunal- Decision must contain particulars and grounds or reasons..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1976
Details
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37-- Decree of Civil Court declaring a person as owner of land - No mutation entered on the basis of Civil Court decree regarding ownership of land - Does not affect ownership - Objection that since decree passed by Civil Court not executed therefore rights in land lapsed - Not valid as decree passed..........

Showing : 41-48 of 48 Results