Showing : 711-720 of 1404 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d)-- Civil suit and criminal proceedings u/s 138 NI Act - Acquittal in criminal case - Does not operate as res judicata in civil suit - Plaint cannot be rejected - Finding in a criminal proceeding is not binding in a civil proceeding - Standard of proof in a civil suit and criminal proceedings is..........
DELHI HIGH COURT
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 7, 13, 11, 20-- Illegal gratification - Death of complaint - Demand can be proved by way of circumstantial evidence...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 97, 90-- Execution - Objections - Res judicata - Objections U.O.21.R.90 CPC dismissed on the ground that remedy is already sought by filing a civil suit therefore there is no reason to implead as a party in the execution application - Objections filed U.O.21.R.97 - Held, order does not constitute res..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11, Order 22, Rule 5-- Impleading of L.R's - The decision as to who is the legal representative is limited for the purposes of carrying on the suit - Does not confer nay right to heirship or to the property - Such decision does not operate as res judicata in a subsequent suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, Arbitration and Conciliation Act, 1996, Section 11-- Lease - Arbitration clause in lease deed - When claim is of mere recovery of lease amount then dispute can be referred to arbitrator...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11-- Ex parte decree - Res judicata - Applicability of - Held, it is a well settled principle of law that even an ex parte judgment can operate as res judicata because an ex parte decree is a decree on merits...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - Request to other party to appoint arbitrator - Failure to appoint - Party invoking jurisdiction of Court for appointment of an arbitrator - Thereafter other party appointing arbitrator - Held, that party to the agreement has a right to appoint an arbitrator even after..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - After completion of contract full and final payment received without any protest - Dispute raised after two years - High Court appointed arbitrator - Appointment set aside - No dispute existed between parties as contractor having received the final payment without..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Arbitration and Conciliation Act, 1996, Section 11-- Arbitrator - Appointment - For appointment of an arbitrator two things must be kept in mind viz. (i) that there exists a dispute between the parties to the agreement and that the dispute is alive; (ii) Secondly, an Arbitrator must be appointed as per the terms and conditions of the agreement and..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Land Acquisition Act, 1894, Section 4, 6, 11, 18-- Land acquisition - Compensation - Comparable sales - Speculation is reduced to minimum if the underlying principles of fixation of market value with reference to comparable sales are made: (i) when sale is within a reasonable time of the date of notification under Section 4(1); (ii) it should be a..........

Showing : 711-720 of 1404 Results