Showing : 461-470 of 707 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 18, Rule 2, Contract Act, 1872, Section 73-- Compensation for breach of contract - Suit for recovery filed - No evidence led by plaintiff - Defendant Corporation led evidence to establish loss suffered on account of delay in lifting damaged stock - No material to show that FCI committed breach - Plantiff to establish his own case - Trial..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Mortgaged property - Attachment before judgment - Suit for recovery of money based on mortgage - Order of attachment before judgment can be made even in respect of mortgaged property in exceptional circumstances...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Limitation Act, 1963, Article 62-- A suit to enforce the payment of money secured by a charge upon immovable property is covered by Article 62 of the Limitation Act, 1963 if the recovery is sought against the charged properties and the prescribed period of limitation is twelve years - However, when a suit is filed for personal..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 11-- Resjudicata - Matter directly and substantially in issue - Previous suit for injunction - No issue regarding execution of agreement - No finding qua the execution of agreement and earnest money - Subsequent suit for recovery or alternative specific performance of agreement - Issues in both suits..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- As per agreement, Mortgage deed is to executed and registered on 1.5.1978 - Suit for permanent injunction filed on 19.10.1977 - Later on, suit for recovery or in alternative suit for possession by way of specific performance of agreement filed - Cause of action for filling subsequent suit arose on..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order VI, Rule 17-- Amendment of plaint - Originally suit for recovery of the earnest money filed - Amendment sought to convert the same in a suit for specific performance of agreement - Filing of suit for recovery amounts to relinquishment of the relief of specific performance - Plantiff not entitled to claim decree..........
FINANCIAL COMMISSIONER PUNJAB, CHANDIGARH
Year of decision: 2006
Details
Punjab Tenancy Act, 1887, Section 14, 84-- Rendition of Account - Mesne profit - Unauthorised Occupant - Estimate of crop/produce - Suit for recovery as mesne profit for unauthorized use and occupation of land - Assistant Collector rejected claim on ground that takhmina (estimate of produce) not produced by land owner - Duty of AC 1st to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 106, 111-- Ejectment and recovery of rent - Suit for ejectment on the basis of title - Trial Court dismissed the suit, rejecting the pleas of ownership and relationship of landlord and tenant between the parties - First Appellate Court gave findings only qua the relationship of landlord and tenant and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 41-- Protected alienation - Loan taken from bank - Original documents of property deposited as security - Subsequent sale of said property - Suit for recovery filed - Vendee claiming protection u/s 41 - No proper, due and bona fide enquiry made before the purchase qua the lose of original title deeds -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Loan raised by executing promissory note - Subsequently cross cheque issued - Mere non filing of suit for recovery of amount borrowed under promissory note - By itself not a circumstance to conclude that there was no legally enforceable debt...........

Showing : 461-470 of 707 Results