Showing : 581-590 of 737 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Agreement to sell-- Suit for specific performance - Death of seller before the date fixed for execution - Suit decreed for the alternative relief for recovery of Rs.2, 000/- paid as earnest money with interest at the rate of 6% per annum from the estate of the deceased or the property left behind by the deceased and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1-- Earlier two suits for joint possession dismissed as withdrawn with permission to file fresh on the same cause - Third suit on same cause for recovery of amount (land in the meantime having been acquired under Land Acquisition Act) based on title - Not barred by any principle of law be it Section..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Contract Act, 1872, Section 128, 137, 145, Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4-- Suit against a dead person - Suit for recovery of loan against principal debtor and surety - Suit against principal debtor was found void ab initio as he had died even before institution of suit - Liability of surety is not discharged and suit can proceed against surety - It is in interest of..........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 34-- Interest - Future and pendente lite - Recovery suit by Bank - Suit tried and fixed for arguments - At that stage defendant depositing amount as claimed and applying for consignment of record - Petitioner's application rightly dismissed by Court - Bank entitled to interest pendente lite and future..........
ALLAHABAD HIGH COURT
Year of decision: 1998
Details
Evidence Act, 1872, Section 116-- Estoppel against tenant - Suit filed by landlord for recovery of arrears of rent and ejectment of tenant - Dismissed on the ground that during pendency of the suit, the demised property was sold by the landlord - Purchaser of the property thereafter filed a suit for recovery of arrears of rent and..........
FINANCIAL COMMISSIONER HARYANA
Year of decision: 1998
Details
Punjab Tenancy Act, 1887, Section 77(3)(k)-- Suit for rendition of accounts and recovery of rent - Period of limitation - 3 years - Revenue Courts should apply Article 113 of Limitation Act, 1963 which corresponds to Article 120 of Limitation Act, 1908 which has since been repealed - Suit qua crops beyond 3 years - Time - barred - Limitation..........
KERALA HIGH COURT
Year of decision: 1998
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 31(1)-- Suit filed by Bank for recovery of amounts exceeding ten lakhs decreed - Petition to set aside ex parte decree filed before the Act came into force - Petition to be transferred to the Tribunal for consideration under S.31 of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6, 6A-- Amendment of written statement by making a claim against plaintiff after 8 years of filing of suit - Claim for recovery of any amount barred by time irrespective of the fact whether claim is in the nature of set-off or counter-claim - Amendment of written statement cannot be allowed at a highly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Right that accrued to defendant by lapse of time - Cannot be taken away by amendment of plaint - Suit for declaration with consequential relief of permanent injunction - By amendment of plaint in 1993 of suit filed in 1987, wanted to convert suit to recover specified amount..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 15, Rule 5-- Not mandatory to strike off defence - Provisions of Order 15 Rule 5 would come into play if suit for recovery of possession and for recovery of rent or compensation - Both conditions that suit: (i) for eviction, and also (ii) for recovery of arrears - Must be satisfied...........

Showing : 581-590 of 737 Results