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SUPREME COURT OF INDIA

Year of decision: 2103
Details

Evidence Act, 1872, Section 101, 102 -- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as to amount to proof of the plaintiff's..........

ORISSA HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 80(1) -- Notice - Provision of S.80 CPC is mandatory but the same can be waived by defendant - Defendant when waives the requirement of issuance of notice by not raising objection in the written statement then plaintiff cannot be non suited on the ground of non service of notice on the defendant prior to institution of suit...........

RAJASTHAN HIGH COURT

Year of decision: 2024
Details

Mutation -- Rejection of application - Pendency of a suit cannot be a ground to restrain the government officials from discharging their duties, more particularly when temporary injunction application filed in the suit has been rejected - Not only this, appeal preferred against rejection of temporary injunction application has also been rejected by Appellate Authority -..........

RAJASTHAN HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree can be set aside by Court where defendant satisfies Court that : (a) summons were not duly served upon him; (b) he was prevented by any sufficient cause from appearing before Court when suit was called for hearing...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Agreement to sell -- Suit for specific performance - Limitation - As per agreement time not fixed for execution of sale agreement - Limitation is thus governed by second part of Art.54 of Limitation Act - Limitation of three years starts to run when plaintiff has notice that performance has been refused...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Agreement to sell -- Suit for specific performance - Ready and willing - Specific performance cannot be enforced in favour of the person who fails to prove that he is ready and willing to perform the essential terms of the contract which are to be performed by him, other than the terms which are prevented or waived by the defendant...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Partnership Act, 1932, Section 37 -- Right of outgoing partner - Suit for dissolution of firm - Assets of Firm were taken over by defendant No.4 - If defendant No.4 is carrying on business with the assets of Firm, till a final settlement is made, an outgoing partner has right to seek for accounts and a share in the profits which might be derived from his share in the..........

ALLAHABAD HIGH COURT

Year of decision: 2024
Details

Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for declaration that gift deed is null and void - Relief claimed is for adjudging the gift deed as null, void as well as forged and fabricated - It is thus, not a simplicter suit for declaration of rights and it clearly falls u/s 7(iv-A) of the Act - Court fee would be payable as per S.7(iv-A) of the Act...........

MADHYA PRADESH HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite at appellate stage - Suit for declaration and injunction - Petitioners had knowledge of execution of sale deed before passing of the decree - However, they did not file any application for impleading them as party before trial Court - Application filed in appeal - Application rightly..........

RAJASTHAN HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........

Showing : 1-10 of 17558 Results