CPC
CPC S. 100 – Second appeal – A second appeal, or for that matter, any appeal is not a matter of right
CPC S. 100 - Second appeal - A second appeal, or for that matter, any appeal is not a matter...
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CPC S. 100 – Principles relating to Section 100 CPC, summarised thus:-
(i) An inference of fact from the recitals or contents of a document is a question of fact. But the...
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CPC S. 100 – Substantial question of law – Not defined.
The phrase ”substantial question of law”, as occurring in the amended Section 100 CPC is not defined in the Code....
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CPC S. 100 – “Question of Law” – Test
”The proper test for determining whether a question of law raised in the case is substantial would, in our opinion,...
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Specific performance – Material questions, which are required to be gone into for grant of the relief of specific performance, enunciated
Specific performance - Relief of - Grant of relief of specific performance is a discretionary and equitable relief- Material questions,...
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CPC S. 38 – executing Court has no power to entertain any objection as to the validity of the decree
Whether Executing Court can go behind the decree :-Section 38 lays down the general rule that, a decree may be...
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CPC O. 21 R. 16 – Assignment pre the decree and an assignment post the decree
CPC O. 21 R. 16 - Assignment pre the decree and an assignment post the decree - Whether a person...
Read moreCPC S. 51 – Section 51 also declares that if the debtor has no means to pay he cannot be arrested and detained
CPC S. 51 - CPC O. 21, R. 37 – Section 51 also declares that if the debtor has no...
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CPC O. 21, R. 37 – Grants immunity from imprisonment to indigent but honest judgment-debtors.
CPC O. 21, R. 37 - A judgment-debtor was sought to be detained under Order 21 Rule 37 CPC although he was...
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CPC O. 21 R. 97 – 106 – Writ – Difficult to find a case where interference in writ jurisdiction for granting to a judgment-debtor or a claimant objector can be justified
CPC O. 21 R. 97 – 106 – Writ - Difficult to find a case where interference in writ jurisdiction...
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EXECUTION- MEANING
The term “execution” has not been defined in the code. The expression “execution” simply means the process for enforcing or...
Read moreCPC O 8 R. 1 – Period of 90 days for filing of written statement is directory
CPC, 1908, Order 8 Rule 1 period of 90 days for filing of written statement is directory - Provisions of...
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Constitution of India, Article 136 , 142 – CPC, 1908 (V of 1908) , Order 47 Rule 1 – Doctrine of merger.
(i) Where an appeal or revision is provided against an order passed by a court, tribunal or any other authority...
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Declaratory decree
Declaratory decree - A declaratory decree does not create or confer any new right but declares a pre-existing right. Therefore,...
Read moreCPC S. 47 – Decision of complicated questions
Civil Procedure Code, 1908 (V of 1908) , S.47— Decision of complicated questions. Per Bhagwati J. : There could be...
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