Showing : 81-90 of 156 Results

JAMMU AND KASHMIR HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Leave to defend - Suit for recovery of money - Facts projected in application for leave to defend supported by allegation contained in FIR - Contention that trial Court has formed opinion on the basis of the allegations contained in FIR - Held, leave granted is not solely on the basis of the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Succession Act, 1925, Section 214-- Appellant took loan from the deceased - Legal heirs of deceased filed suit for recovery of loan money without obtaining succession certificate - Under Section 214 suit for recovery of debt of deceased person through court, the proof of representative title is a pre condition - This succession..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - A civil suit for recovery of money as well as a complaint u/s 138 of the Act is maintainable...........
KERALA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 72-A-- Suit for recovery of mortgage money by way of sale of mortgaged property - Suit decreed - Held, decree holder is entitled to bid and purchase the property with prior permission of court - In such a case Court will fix reserve price as envisaged U.O.21.R.72-A(2) CPC - If permission is not obtained..........
KERALA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 72, 90-- Suit for recovery of mortgaged money - Suit decreed - Mortgagor selling property after the decree - Held, transferees of Judgment Debtor subsequent decree can raise objection against execution of decree u/s 47 of the Code, they being representative of the JD...........
DELHI HIGH COURT
Year of decision: 2008
Details
Constitution of India, 1950, Article 226-- Writ jurisdiction - Contractual dispute - Regarding Bhutan Compensatory allowance - Petition filed for recovery of money under a contract - Normally in respect of contractual dispute a Writ Petition is not an appropriate remedy - When allegations of breach of contract are made a party should file..........
DELHI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 20-- Suit for recovery of money on basis of cheque - Territorial jurisdiction - Cheque issued at place `O' and property for which the contract was entered into also situated at that place, contract entered into between parties at that place, parties reside there, cheque issued was drawn on a bank..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2007
Details
Consumer Protection Act, 1986, Section 2(1),(b),2(1),(g), Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(1)-- Fixed deposit - Company became sick - Plea that complaint not maintainable as the proceedings qua the respondent are pending repelled - Held that suit for recovery of money in respect of any loan or advance granted to the industrial company cannot be maintained - However, deposit made with the..........
DELHI HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Agreement to sell - Land acquired - Suit for recovery of earnest money - Impleading of co-owners - Neither necessary nor proper party - Any right of the petitioners against the co-owners of the land is a separate and independent right and the rights inter se between them..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 21, Rule 90, Civil Procedure Code, 1908, Order 34, Rule 5-- Suit for recovery of money enforcing mortgage rights - Execution - Auction sale of mortgaged property - Objections filed U.O.21.R.90 dismissed - During pendency of appeal thereagainst decretal amount deposited - Held, right of Judgment debtor to get property redeemed is not lost merely on account..........

Showing : 81-90 of 156 Results