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Showing : 1-10 of 49 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Absence of defendant from proceedings not attributed to any negligence on part of her counsel as alleged by her - But application filed to set aside ex parte decree passed against her more than 1 year after she was proceeded ex parte, is only a device to linger on the matter and deny fruits..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JD contended that DH by playing fraud on Court obtained decree, thus, decree is not executable and proceedings in execution case be stayed till disposal of suit instituted by JD against DH - However, detail particulars of fraud have not been stated in plaint as per O.6.R.4 CPC - Mere..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Rights of a decree holder - Executing Court - Rights of a decree holder are to be protected and he should be allowed to enjoy the fruits of the decree at the same time - Court cannot loose sight of the fact that if a person has a genuine claim it cannot be thrown out at threshold itself after summary enquiry...........

MADRAS HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objection by JD - Identity of property was questioned by JD - However, in execution petition question of identity of property could not be raised - After passing decree in favour of DHs, it is for them to look out the question of identity of property - Petitioner who is JD, cannot canvass legality of decree - Moreover,..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Value of orange trees - Orange plants were about 4 to 5 years old - Reference Court was thus, justified in observing that orange trees were very much ripe for yielding orange fruits and awarded compensation of each orange tree @ Rs.60, which will remain undisturbed - However, Reference Court was..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with a condition to repurchase - Nature of document - Document in question is a mortgage with conditional sale for the following reasons: (i) plaintiff was owner of suit land; (ii) transaction is concluded in one document; (iii) document styled as a `Deed of conditional sale'; (iv) it..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 21, Rule 34, Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908 -- Execution - Decree for specific performance - Property not identified definitely - Successful plaintiff cannot be deprived of fruits of decree - Executing Court to take such steps as may be necessary for fixing identity of property - Executing Court may..........

KARNATAKA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 409 -- Compliant u/s 409 IPC - Locus standi - Criminal law can be set in motion by anybody - Prosecution initiated by CBI on behalf of Railway Authorities is thus, justifiable - Moreover, public money is involved in a case, if any illegal transaction takes place, accused is reaping fruits of such money for unlawful gain, then it amounts to..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Execution of joint decree - Once there is a decree against all judgment debtors passed jointly, decree holder can choose against whom he is to proceed for the safe, early and effective recovery of fruits of the decree...........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 22, Rule 4, Succession Act, 1925, Section 213 -- Impleading L.R's - Death of defendant - Substitution of legatee of Will - Suit for injunction - Right of a legatee to pursue legal proceedings on the basis of u, probated Will cannot be curtailed as S.213 of Succession Act bars passing of decree of final order in a case which involves claim..........

Showing : 1-10 of 49 Results