Showing : 3261-3270 of 4718 Results

KERALA HIGH COURT
Year of decision: 2003
Details
Agreement to sell-- Suit for specific performance - Property agreed to be sold by mortgagor to mortgagee - As per agreement mortgagee entitled to deduct mortgage amount and to pay balance amount - Plaintiff ready and willing to perform his part of contract - It was defendant who defaulted - Defendant did not take..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 34-- Awarding of interest pendente lite and post - decree (future) interest - Discretion of Court to award interest at lower rate or might even decline interest - Court's discretion has to be exercised fairly, judiciously and for reasons and not in arbitrary manner - Once suit filed in Court -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for permanent injunction - Plaintiff proved to be owner - Defendant proved to be in possession on the date of filing of suit - Plaintiff is not entitled to the decree of permanent injunction - Plaintiff is also not entitled to the decree of possession as plaintiff has neither pleaded nor..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Haryana Urban Development Authority Act, 1977, Section 50(2)-- Under Section 50(2) jurisdiction of Civil Court barred - Specific objection taken in written statement - Court decided issue of jurisdiction in favour of plaintiff by holding that defendant did not press the same at the time of arguments - Erroneous - A concession cannot confer jurisdiction in a..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 9-- If a specific bar created by a statute to the jurisdiction of Civil Court - Same liable to be decided by Court on merits - Any concession given by defendant - Cannot be taken into consideration to give findings in favour of plaintiff - A concession cannot confer jurisdiction in a Court, where it..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Agreement to sell-- Suit for specific performance - In fact it was a money transaction - Agreement was procured fraudulently but it does not mean that advance amount did not pass on to the defendant - Refund of advance money allowed...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence of mutation and pedigree-table in appeal - Merely old revenue record - No prejudice would be caused to defendant-respondent if mutation and pedigree-table permitted to be adduced as additional evidence - Question of relevance of said evidence - Should not be taken into..........
MADRAS HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 19-- Letters Patent (Madras) S.12 r/w Original Side Rules, O.3.R.1 - Suit based on tort - Jurisdiction - Part of cause of action arose within jurisdiction of Madras High Court - Plaintiff granted leave to file suit in the Madras High Court - Defendant instead of getting the leave to file suit cancelled..........
ORISSA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 16, Rule 21-- Witness - Defendant as plaintiff's witness - Can be allowed - Partition suit - Plaintiff confident that evidence of defendant would be clinching on vital issues of partition - Application rejected on ground of physical condition of defendant and condemnability of practice in calling adverse party..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2003
Details
Benami Transactions (Prohibition) Act, 1988, Section 3, Civil Procedure Code, 1908, Order 20, Rule 18-- Suit for partition - Claim by defendant, Govt. servant that he purchased suit property benami in the name of his brother as purchase was made to get over relevant service regulations prohibiting Govt. servant to purchase property without prior permission - Defendant having properties in his name..........

Showing : 3261-3270 of 4718 Results