Showing : 481-490 of 764 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 9, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 18, 19-- Recovery of Debts - Application by Bank or financial institution - Jurisdiction of civil Court is barred only in regard to such applications - Jurisdiction of civil Court is not barred as regards any suit filed by a borrower or any other person against a bank for any relief - Provisions of Debt..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 9-- Collaboration agreement - Supply of goods - Breach thereof - Plaintiff made payment under award passed against them - Cause of action for recovery of payment made under award from defendant arose only when payment made by plaintiff - Suit for recovery filed within three years thereof is within..........
GAUHATI HIGH COURT
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 6-- Regular suit for recovery of possession - Not barred by Section 6 of the Act - Relief available under the provision of Section 6 of the Act is an additional mode of relief and it does not affect the relief available under the civil law...........
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..........
CALCUTTA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Admission - Passing of judgment on its basis - Joint bond - Payable either or survivor - Suit for recovery by heirs of deceased - Defendant admitted the amount belonging to deceased - Further claimed to be entitled to receive money - Court passed decree on the basis of admission - Not proper -..........
CALCUTTA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 16-- Jurisdiction of court - Criteria to success - Ad - interim injunction to restrain defendants from selling goods purchased on credit - Defendant failure to make payment - Recovery suit filed - Agreement provides for selection clause of court - Defendant carrying on business within territorial..........

Showing : 481-490 of 764 Results