CPC O. 21 R. 16 Transfer by operation of law – Declaratory decree.

cpc O. 21 R. 16 Transfer by operation of law – Declaratory decree.

Per Das J.: A decree declaring the title of the decree-holder to another decree previously passed in another suit does not effect a transfer of the earlier decree by operation of law and the decree-holder under the latter decree does not become the transferee of the earlier decree by operation of law within the meaning of O. 21, R. 16. A declaratory decree does not create or confer any new right but declares a pre-existing right. Therefore, when a declaratory decree declare the right of the decree-holder to another decree passed in an earlier suit, there is no divesting of interest of one person and vesting of it in another. There is no transfer at all and, therefore, the person in whose favour the declaratory decree is passed does not fall within O.21, R.16

Read Here; 1955 PLRonline 0001 , Jugal Kishore Saraf v. Raw Cotton Co. Ltd.

Download / Print

Tags: CPC O. 21 R. 16, Declatory Decree

Tags: CPC O. 21 R. 16 Declatory Decree

CPC O. 21 R. 16 Transfer by operation of law – Declaratory decree.

IPC S. 34 – Common Intention – Can be formed even in the course of the incident – Would come into play where participation of the accused in a crime is proved and the common intention is also established. [PLRonline 482604]

Consumer Protection Act – Stocks and shares – Invesment in – Complainant is not a Consumer – It is not the case of the Complainant that he had invested the money in share market exclusively for earning his livelihood. [2022 PLRonline 0596 (NCDRC)]

NIA S. 138 – Liability of Joint Account Holders – There is no provision for taking cognizance against a person other than the “drawer” of the cheque. [(2023-4)212 PLR 177]

Court proceedings – Videography – Whether would amount to criminal contempt of court ? [(2023-4)212 PLR 163]

Court proceedings – Videography – Court proceedings in the High Court or any other Court subordinate thereto cannot be videotaped, photographed or telecast without taking prior written permission from the High Court. [PLRonline]

NDPS S. 2 (viia) read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A – “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. [PLRonline 413680]

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

[SC] Insurance – Surveyor’s report – Not relied – Reliance by surveyor on forensic report – Claim payable.

[SC] Insurance – Surveyor’s report, though important, is not absolute and not binding on the parties – It is not that sacrosanct that it cannot be departed from; it is not conclusive. [ PLRonline 368351]

IT Act S. 67(A) – Posted on Instagram 4-5 pictures of petitioner kissing the complainant on her cheek – Bail granted. [2022 PLRonline 0595]

CPC O. 21 R. 16 - Transfer by operation of law.

CPC S. 146 - Save as otherwise provided by this Code.

CPC O. 21 R. 16 Transfer by operation of law – Declaratory decree.

Related Posts

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

CPC O. 22 R. 3 – Abatement – P&H amendment – Where the legal heirs of the deceased are not brought on record within the prescribed period, the suit shall not abate under O 22 R 3 CPC. [PLRonline 328702]

CPC O. 40 R. 1 – “just and convenient” explained – Receiver is regarded as one of the harshest remedy which the law provides for the enforcement of its rights. [PLRonline.in]

Leave a Reply Cancel reply

Welcome Back!

Create New Account!

Retrieve your password

Save PLRonline.in APP!