Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Conducted at a place other than that mentioned in the auction notice - Sale set aside for no fault of decree holder - Decree holder incurring costs for publicity in case sale was ordered again - Held, there is no provision that such amount can be ordered to be paid by judgment debtor...........
Specific Relief Act, 1963, Section 16, 15, 31, Civil Procedure Code, 1908, Order 7, Rule 7 -- Suit for specific performance - Plaintiff served notice on defendant that as defendant has failed to perform his part of agreement, plaintiff has cancelled agreement - Thereafter, plaintiff filed suit for cancellation of agreement - Defendant merely defended suit - He should have..........
Specific Relief Act, 1963, Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation is three years-Suit to be filed within three years of the date fixed for the performance or if no such date is fixed where plaintiff has notice that performance is refused-Notice indicating that vendor had cancelled the contract and forfeited the advance amount paid by..........
Civil Procedure Code, 1908, Section 148A -- Caveat when filed, passing of an interim order by court without issuing notice to caveator and without hearing him or without giving an opportunity to him - Impermissible...........
Transfer of Property Act, 1882, Section 52 -- Us - Commences from the date of presentation of the plaint or institution of the proceedings - issuance of notice and service of notice is of no consequence...........
Negotiable Instruments Act, 1881, Section 138 -- Notice as to make payment within 30 days - Notice not confirming to specification of statute - Complaint amounted to abuse of the process of Court...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Counsel pleaded no instructions - Exparte decree passed - Defendant not present in Court when Advocate withdrew from the case - Nothing to show that defendant had notice of hearing of case on that day - Defendant not at fault - Exparte decree, order dismissing application for..........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Counsel pleaded no instructions - Court is bound to issue notice to a party whose counsel pleads no instructions...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured - To avail the penal remedy the creditor is expected to invoke the provisions of the Act Immediately - Complainant not expected to slumber over it and to issue notice after its another alleged dishonouring...........
Transfer of Property Act, 1882, Section 106 -- Notice - Appellant inherited tenancy rights as one of the heirs - Status of appellant is that of a joint tenant - Decree for eviction against other co-tenants is binding on appellant too even if notice to quit is not served on her and is not impleaded in suit...........
