Showing : 121-130 of 1490 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151-- Withdrawal of appeal under mistake - Power to recall - Once it is established on record that statement made by counsel was under a mistake, which resulted into withdrawal of appeal, Court has power to recall the same - Appeal restored to its original number and to be decided on merits...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 16-- Striking off preliminary submissions in the replication - Replication contains averments and evidence in support of original cause of action as mentioned in the plaint and it is answer to the defendant's plea in the written statement - Plaintiff in its replication has neither made out a new case..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 13-- Imperfect title - Suit for recovery of earnest money - Agreement shows that neither defendant had saleable title qua specific khasra numbers regarding which he agreed to sell to plaintiff nor he alleged that original owners had title qua specific khasra numbers - Even, there was no agreement in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 13-- Extension of date for execution sale deed - Readiness and willingness - Suit for recovery of earnest money - In the instant case, defendant relied upon some affidavits allegedly given by original owners regarding presence before Sub-Registrar on extended date for execution of sale-deed - However,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 13-- Readiness and willingness - Suit for recovery of earnest money - Allegedly, original owners were also not exclusive owners of specific khasra numbers which defendant agreed to sell - Even, they were also recorded to be owner of only share in joint holding with their co-sharers - Therefore, without..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement of appeal - Condonation of delay - Death of plaintiff - Plaintiff being trustee of suit property filed suit though not instituted in the name of trust - But suit property is allegedly shown in the name of Trust - Applicant claiming himself to be authorized or working Trustee of suit..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 16, Rule 1(2)-- Summoning of witnesses - Not named in list of witnesses - Suit for cancellation of power of attorney and consequential sale deed - Original plaintiff executant of document expired - Two persons stamp vendor and Advocate Notary Public, who sold stamp in question and notarized document, thus become..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Stamp Act, 1899, Section 2(16)(c), Transfer of Property Act, 1882, Section 105-- Lease - Expression "Lease" under Stamp Act has a wider meaning as compared to its original meaning contained in S.105 of T.P. Act, in view of use of expression "and includes also" in S.2(16) of Stamp Act...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 34-- Arbitral award - Setting aside - Work contract - Appellant awarded contract by respondent for earth excavation work - Performance of contractual obligations by appellant were dependent on reciprocal performances by respondent - Respondent failed to comply with its obligations - Accessibility to..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 13, 20-- Foreign judgment - Plaintiff sued on basis of foreign judgment and not on basis of original cause of action - He invoked S.13 CPC - Plaintiff cannot now, upon territorial jurisdiction of Court having been challenged, fall back on the original cause of action...........

Showing : 121-130 of 1490 Results