CIVIL
Execution – CPC
Ghanshyam Das v. Anant Kumar Sinha (AIR 1991 SC 2251) dealing with provision of the code relating to execution of...
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CPC O. 9 R. 13 – Execution stayed till application is decided.
Civil Procedure Code, 1908 (V of 1908) Order 9, Rule 13 – Application filed by the petitioners under Order 9...
Read moreTPA S. 58(c) – Conditional Sale – Mortgage – If the sale and agreement to repurchase are embodied in the separate documents then the transaction cannot be a “mortgage by conditional sale” irrespective of whether the documents are contemporaneously executed;
Transfer of Property Act, 1882, Section 58(c) –Conditional Sale – Mortgage – If the sale and agreement to repurchase are...
Read moreTPA S. 58(c) – Mere incorporation of the word “borrowed” and “mortgage by conditional sale” cannot by itself establish that there is a debtor-creditor relationship.
Transfer of Property Act, 1882, Section 58(c) –Conditional Sale – Mortgage – Mention of “borrowed a sum of Rs. 700/-...
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CPC O. 7 R. 11(d) – Court at that stage would not consider any evidence or enter into a disputed question of fact or law
CPC O. 7 R. 11(d) – Court at that stage would not consider any evidence or enter into a disputed...
Read moreCPC O. 7 R. 11(d) – Mixed question of law and fact which may require not only examination of the plaint but also other evidence and the order passed in the earlier suit may be taken up either as a preliminary issue or at the final hearing, but, the said question cannot be determined at that stage – CPC S. 12
CPC O. 7 R. 11(d). S. 12 – The principles of res judicata, when attracted, would bar another suit in...
Read moreCPC O. 7 R. 11(d) – For the purpose of invoking Order 7 Rule 11(d) of the Code, no amount of evidence can be looked into
CPC O. 7 R. 11(d) – For the purpose of invoking Order 7 Rule 11(d) of the Code, no amount...
Read moreCPC O. 7 R. 11(d)- Whereas in a given case, an application for rejection of the plaint may be filed on more than one ground specified in various sub-clauses thereof, a clear finding to that effect must be arrived at.
CPC O. 7 R. 11(d) , CPC O. 14 R. 2 – Order 7 Rule 11(d) of the Code has...
Read moreSuit – Maintainability of – Trial court may, after framing the issues, take up the issues which pertain to the maintainability of the suit and decide the same in the first instance
Suit - Maintainability of – Issue may be decided at the first instance – Appellant/ defendant has mentioned about the...
Read moreCPC O. 7 R. 11 – Defense in the written statement cannot be gone into – One has to only look into the plaint for the purpose of deciding application under Order VII Rule 11, CPC
CPC O. 7 R. 11- Civil Procedure Code, 1908, Order VII Rule 11 – Application claiming rejection of the plaint...
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TPA S. 58(c) – Mortgage or conditional sale – Court has upheld the right of redemption
Transfer of Property Act, 1882, Section 58(c) - Mortgage or conditional sale - Court has upheld the right of redemption...
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Suit for specific performance – Mortgage or conditional sale .
Transfer of Property Act, 1882, Section 58(c) - Ostensible sale – Conditional Sale - Mortgage - plaintiff’s suit for redemption...
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CPC O. 18 – Evidence – Multiple Defendants – Who will lead evidence first.
CPC O. 18 - So far as the defendants go, the question which of the defendants should begin has not...
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CPC O. 39. R. 1, 2 – Suit for specific performance – Injunction granted
CPC O. 39. R. 1, 2 - Suit for specific performance is pending before the trial Court, we can consider...
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CPC O. 8 R. 6A – Counter-claim can not be filed after the issues were framed
Civil Procedure Code, 1908 (V of 1908), Order VIII Rule 6A - Counter-claim was filed after the issues were framed,...
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