CIVIL
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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Suit for Specific Performance of contract
Suit for Specific Performance of contract - The issue of readiness and willingness, is the most important issue for considering...
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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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Concurrent findings of facts recorded by the two Courts below on all the material issues are binding on this Court
Concurrent findings of facts recorded by the two Courts below on all the material issues are binding on this Court...
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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...
Read morePleadings – Replication – Allowed to be filed at stage of evidence
Pleadings - Replication - The issues were framed on 14.08.2017 - . Thereafter, the case was fixed for evidence of...
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Suit – Maintainability – Right to relief must be judged to exist as on the date a suitor institutes the legal proceedings, later developments cannot defeat his right
In Pasupuleti Venkateswarlu v. Motor & General Traders . – 1975 PLRonline 0002 Court dealt with the adjectival activism relating...
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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...
Read moreEXECUTION- 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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