Showing : 21-30 of 60 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Court while exercising its jurisdiction U.O.38.R.5 of the Code is required to form a prima facie opinion at that stage - It need not go into the correctness or otherwise of all the contentions raised by the parties - High Court directed appellants to furnish security -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- No equitable right can be granted at the cost of lawful right of the other - Suit for possession by way of specific performance of agreement - Defendant raising counter claim challenging validity of earlier sale deed as well as agreement to sell - Application u/o 39 R. 1 & 2 by both the parties -..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Exparte decree for Rs.37 lakhs - While setting aside exparte decree condition of furnishing security of Rs.37 lakhs either in the form of bank guarantee or in cash imposed - Held, while setting aside a decree, conditions can be imposed but such conditions should..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Setting aside exparte decree - Application for recording a decree under O 12, R 6 - Defendant proceeded ex-parte - Ex-parte judgment and decree on admission of sum of Rs. 37, 24, 478/- passed - Application for setting aside ex-parte decree - Allowed by Trial Court with a condition to furnish..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 107, 111-- Breach of peace - Security - Order directing to furnish bond - If the Executive Magistrate is of the opinion that there is sufficient ground for proceeding, he may in the manner provided in the Code require such person to show cause why he should not be ordered to execute a bond (with or without..........
RAJASTHAN HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 457-- Tractor & trolley - Release on 'supurdginama' - Release on furnishing security and bank guarantee - No statutory requirement to furnish bank guarantee - Condition of furnishing bank guarantee set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Leave to defend - Loan given through a loan agreement and a promissory note - Loan amount given by way of cheque - Petitioner to furnish security instead of bank guarantee...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2-- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not maintainable in..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 41, Rule 1(3), 5-- Money decree - Appeal against - Stay of execution - Deposit of amount disputed in appeal or to furnish security is a condition precedent for grant of stay of execution of decree - However, it is discretion of Court to order deposit of amount or to furnish security and this discretion is to be..........
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MUMBAI
Year of decision: 2004
Details
Consumer Protection Act, 1986, Section 13(3B)-- Interim orders - Sustainability - Pecuniary jurisdiction - District forum passed interim order against OP to furnish bank Guarantee to the extent of Rs 20 lakh or Collateral Security of Rs 30 lakh - Pecuniary jurisdiction of District forum till 15th March,2003 is Rs. 5 lakh - Interim orders held..........

Showing : 21-30 of 60 Results