Showing : 81-90 of 168 Results

BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 8-- Monetary loss and mental agony - Suit for recovery - No details pleaded in the plaint for computing loss caused due to mental agony - Held, it was necessary to plead and prove the specific facts which result in causing loss - A money decree for loss in business or the loss caused due to mental..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 102-- Suit for the recovery of Rs.20000/- dismissed - Appeal filed by plaintiff allowed - Second appeal not maintainable because of bar of Section 102 CPC which provides that no second appeal shall lie from any decree, when the subject matter of the original appeal is for recovery of money not exceeding..........
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..........

Showing : 81-90 of 168 Results