Showing : 561-570 of 737 Results

SUPREME COURT OF INDIA
Year of decision: 1999
Details
Agreement to sell-- Suit for recovery of money - Plaintiff paid Rs.One lakh to lst defendant allegedly pursuant to sale agreement - Agreement to sell entered into with second defendant to whom lst defendant had given authority - Sale agreement fell through - Authority given to 2nd defendant denied - Receipt of money..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 34, Rule 5, 4-- Composite decree - Can be drawn up on the basis of judgment in cases which do not require determination by Court at two different stages - Helps in expeditious disposal of proceedings without undermining or injuring ends of justice or interests of justice - Decree in a suit for recovery of money..........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 1, Negotiable Instruments Act, 1881, Section 138-- Summary suit for recovery of money due in respect of dishonoured cheque - The law permits the plaintiff to take out both Civil and Criminal proceedings - Both proceedings can be continued simultaneously - Both remedies are independent of each other - Thus passing of a decree will not affect the..........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 2, 3-- Summary suit - Plaintiff-tenant filed suit against landlord for recovery of Rs.50 lacs given to the defendant as security and Rs.10, 55, 000 by way of interest - Claim for interest not based on any agreement or any enactment - Relief not in terms of O.37.R.2 - Summary suit not tenable -..........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Suit by Bank for recovery of loan amount against principal debtor and sureties - Exparte decree passed against principal debtor but suit decreed on contest against sureties - Principal debtor filing application U.O.9.R.13 to set aside exparte decree - Exparte..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 11-- If a party has succeeded in a suit though finding on a particular issue is against it, whether that finding would operate as res judicata - Specific performance suit decreed for recovery of money though specific performance not granted - Not appealed against as felt satisfied with money decree -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Decision in favour of defendant - Defendant not required to challenge the findings on other issues decided against him - Such findings and decision of an issue against him will not operate as res judicata against him so as to bar him from reagitating that issue in any subsequent..........
DELHI HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Stay of criminal case during pendency of civil suit - Dishonour of cheque - Complaint filed - Prior to that accused filed a civil suit for recovery of their dues against the complainant and the matter involved in the civil suit and the complaint is similar - Trial of criminal cases cannot be..........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 11-- Rent Controller returned plaint when party claimed ownership and denied relationship of landlord and tenant - Fresh suit filed in civil Court for declaration of title and recovery of possession - Suit decreed - Tenant who has suffered such decree is estopped from challenging jurisdiction of Civil..........
ORISSA HIGH COURT
Year of decision: 1999
Details
Evidence Act, 1872, Section 101, 102-- Suit for declaration of title and recovery of possession - Defendant claiming title on the basis of adverse possession - Onus wrongly placed on plaintiff to prove his possession - Onus is on defendant to prove adverse possession for more than 12 years so as to give him title - No discussion made..........

Showing : 561-570 of 737 Results