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SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of one out of two partners during pendency of appeal - Appeal does not abate - Death of one of the partners does not foreclose the continuation of civil proceedings initiated by the firm...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of one out of two partners during pendency of appeal - L.R's of deceased partner applied for their impleadment in substitution of deceased partner - There was no reason to decline such a prayer when application was moved in time without any other..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money - Such relief can only be granted if there is prayer for such relief either at the time of filing of suit or by way of amendment - Prayer clause is a sine qua non for grant of decree of refund of earnest money. (Specific Relief Act, 1963, S.22)...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Agreement to sell -- Specific performance - Time essence of contract - Sale agreement indicate the intention of parties to treat time bound performance as an essential condition and it was stipulated that in case sale was not executed on date of execution, sale agreements were liable to be treated as cancelled and earnest money was to be forfeited - Even in the legal..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint to seek alternative relief of earnest money in a suit for specific performance - Court is vested with wide judicial discretion to permit plaintiff to amend plaint even at a later stage of the proceeding to seek alternative relief of refund of earnest money...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 33, Rule 5 -- Permission to sue as indigent person - Plaint not disclosing any cause of action and suit barred by res judicata - Trial Court rightly rejected application...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 33, Rule 15, 15A -- Permission to sue as indigent person - Application rejected - Court may grant time to pay requisite Court fee, within such time or extended time, as is fixed by Court - On payment of Court fee suit shall be deemed to have been instituted on the date on which application for permission to sue as an indigent person was..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 33, Rule 1, 5, Civil Procedure Code, 1908, Order 7, Rule 11 -- Application for permission to sue as an indigent person rejected by holding that plaint does not disclose any cause of action and suit is barred by res judicata - On payment of Court fee, suit shall be deemed to be filed on the date on which application seeking permission to..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of a document on the ground of sufficiency of stamp has to be raised when document is tendered in evidence - Once a document is admitted in evidence, such admission cannot be called in question at any stage of suit or proceedings on the ground that instrument has not..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Agreement to sell -- Specific performance - Readiness and willingness - There must be a specific issue framed on readiness and willingness on the part of plaintiff in a suit for specific performance and parties must be put to notice before giving specific finding...........

Showing : 71-80 of 2616 Results