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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Legal Services Authorities Act, 1987, Section 22(d) -- Lok Adalat - Power of - Held, S.22(d) of the Act empowers Lok Adalat to decide the issue on merits as well at the pre-litigative stage...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Legal Services Authorities Act, 1987, Section 22(C)(8) -- Permanent Lok Adalat - Question of jurisdiction - Held, the question of jurisdiction necessarily has to be raised before the Permanent Lok Adalat and the objector should insist upon a decision on this aspect at the initial stage itself, but if the objector despite taking an objection in the reply to the proceedings..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Uttar Pradesh Debt Relief Act, 1977, Section 22 -- Bar of suit - Defendant has to plead and prove the various ingredients that are contemplated by the provision - In absence of any such plea there would be no inherent lack of jurisdiction in a Civil Court to entertain and decree the suit...........

KERALA HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 22, 28 -- Decree of specific performance - Extension of time for deposit - Time for deposit granted by appellate Court - It is not necessary that person concerned should approach appellate Court for extension of time - It can be granted by trial Court as same does not become functus officio when decree is confirmed by appellate Court...........

KERALA HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 22, 28, Civil Procedure Code, 1908, Section 151, 152, 153 -- Decree - Specific performance - Corrections - Even when decree of specific performance is confirmed by appellate Court - Trial Court is not denuded of power to effect corrections of accidental mistakes, omissions, etc...........

KERALA HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 22, 28 -- Decree of specific performance - Doctrine of merger - Applicability - It applies only to the limited extent - Principle of merger cannot be mechanically applied in specific performance suit - Court has to adopt realistic and pragmatic approach to the issue...........

MADRAS HIGH COURT

Year of decision: 2012
Details

Extradition Act, 1962, Section 5, 6, Constitution of India, 1950, Article 226, 51, 22(2) -- Fugitive accused - Extradition request - Arrest pursuant to a legally issued warrant of arrest by Magistrate who was directed by Govt. of India to hold necessary inquiry - Held, detention cannot be termed as illegal or unlawful - When detention is not illegal or unlawful then no..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, 22 -- Ex parte order - Setting aside of - Transfer of Suit filed by bank for recovery of dues to Debts Recovery Tribunal after coming into force of Act (1993) - Debtor had appeared before Court and was represented by lawyer before transfer of suit to DRT - Bank got summons published in..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22 -- Recovery of debts - Procedure - DRT is not bound by procedure laid down in Civil P.C. - Though Tribunal has jurisdiction to exercise powers of Court as contained in Civil P.C. it can travel beyond Civil P.C. provided it observes principles of natural justice...........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non-substitution of legal heirs - Abatement - Neither any application for setting aside the abatement was submitted by heirs of the sole plaintiff nor any application to condone the delay has been submitted - Trial Court below straightway permitted the heirs of original plaintiff to be brought on record - Held, unless and..........

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