Showing : 441-450 of 747 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 34, Rule 14, 15-- Mortgage of property for loan - Suit for attachment and sale - Suit is not barred by previous suit which was decreed for recovery of money based on loan transaction simpliciter or for enforcement of hypothecation agreement - Cause of action are different though they might have arisen out of same..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 34, Rule 14, 15-- Loan from bank for purchase of bus - Repayment secured by hypothecating bus and further by equitable mortgage - Suit for recovery - Bank ommitted to suit on equitable mortgage without leave of Court - Subsequent suit to enforce the equitable mortgage - In a suit for enforcement of a mortgage, bar..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of Plaint - Suit for mandatory injunction - Application u/o 6 R. 17 for converting suit into a suit for recovery - Declined by Trial Court on grounds that proposed amendment would change nature of suit & suit for recovery barred by limitation - Held - (i) Change of nature of suit per se..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47, Haryana Relief of Agricultural Indebtedness Act, 1989, Section 3, 4, 17, Banking Regulation Act, 1949, Section 21A-- Agricultural Loan - Loaner's liability to pay agreed interest - Entitlement of DH to more than double of principal amount - Discharge of debt - Can executing court go beyond decree by virtue of sec. 17 of Act of 1989 - Suit for recovery by bank decreed with future interest @ 12.5% p.a. on..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Section 5-- Applicability of Sec. 5 of Limitation Act to execution proceedings - Suit for recovery decreed - Execution - Property of judgment debtor attached and auctioned - No objections filed by judgment debtor - Sale confirmed and sale certificate issued - Application for delivery of possession - Objection..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Enlargement/Introduction of new controversy by impleading parties - Suit for cancellation of sale deed and for possession of land - Alternative prayer for recovery of sale consideration - Defendant alleging payment of sale consideration through cheques drawn on different branches of bank -..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2-- Interim Injunction - Bar of jurisdiction of Civil Courts - Plaintiff secured loan by hypothecation and charge from the Financial Institution - Financial Institution issued notice for enforcement of obligation - Plaintiff filed suit for mandatary injunction - Application for interim injunction also..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Partnership Act, 1932, Section 69(2)-- Plaintiff transferring all his assets and liabilities to Partnership firm - Suit for recovery by plaintiff in his personal capacity - Not maintainable - Plaintiff cannot file suit in his personal capacity - He had no subsisting exclusive right to enforce liability against defendants since all his..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Partnership Act, 1932, Section 69(2)-- Proprietor contributing all his assets and liabilities to the partnership firm - Partnership firm unregistered - Suit by unregistered firm for recovery of dues which defendant owed to proprietor is maintainable as contract was not one entered by unregistered firm with a third party nor was it one..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Inadequate Court fee - Suit for recovery of dues and damages - Specific amount claimed - Court fee not affixed on amount claimed - Plaintiff liable to pay Court fee on amount claimed...........

Showing : 441-450 of 747 Results