CIVIL
Advocates and Exemplary behaviour
Advocate - It is to be remembered by worthy lawyers that they are the part of the judicial system; they...
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Limitation Act, S. 5 – Government departments are under a special obligation to ensure that they perform their duties with diligence and commitment
Government departments are under a special obligation to ensure that they perform their duties with diligence and commitment “29. In...
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Land Acquisition Act, 1894, Section 28-A –Executing court allowed compensation as payable to other land holders
Land Acquisition Act, 1894, Section 28-A –Execution – Executing Court had noticed that compensation was awarded by alongwith all statutory...
Read moreLand Acquisition Act, 1894, Section 28-A – Fair Compensation – Even in the absence of exemplars and other evidence, higher compensation can be allowed for others whose land was acquired under the same notification
Land Acquisition Act, 1894, Section 28-A – Fair Compensation – Even in the absence of exemplars and other evidence, higher...
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Admission – is only a piece of evidence and not conclusive proof
Admission - Pleadings – An admission made by a party is only a piece of evidence and not conclusive proof...
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Registration Act, 1908 Section 17(1A) – Agreement to sell was not required to be registered – TPA S. 53-A
Registration Act, 1908 (16 of 1908) Section 17(1A) (as inserted by Act 48 of 2008) Transfer of Property Act, 1882...
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CPC O.11 R.14 – Order to petitioner to produce documents – Upheld.
Civil Procedure Code, 1908 (V of 1908) - Order XI Rule 14 (O. 11 R. 14) - Rule 14 of...
Read moreCPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.
Right of appeal under Section 96(2) CPC is a statutory right. Civil Procedure Code 1908 (V of 1908), Order 9...
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CPC S. 96 – Apart from the substantive suit challenging the Consent Decree to which they were not a party, appeal filed under section 96 CPC seeking restoration of the Suit disposed on basis of consent decree
Civil Procedure Code, 1908 (V of 1908), Section 96 – That apart from the substantive suit challenging the Consent Decree...
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CPC S. 90 – Court Fee refund – Compromise/settlement has taken place outside the Court
Court Fees Act, 1870 (7 of 1870) Section 16 Civil Procedure Code, 1908 (V of 1908) Section 90 – Court...
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CPC S. 64 – comes into operation only if a decree of attachment has been obtained and alienation of the property takes place thereafter.
Transfer of property Act, S. 52 Section 52 puts a bar on alienation of property which is the subject-matter of...
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CPC S. 47 – Revision validity of attachment not raised in objection
Ss. 115 and 47 and O. XXI, R. 54 – Revision validity of attachment not raised in objection under S....
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CPC S. 47 – No authority with the executing court to set aside, modify or vary the consent decree
S. 47 – Execution of consent decree – No authority with the executing court to set aside, modify or vary...
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CPC S. 47 – Impleadment of necessary party
CPC S. 47 - Execution of decree - Impleadment of necessary party - Suit for specific performance filed by decree...
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CPC S. 25 – Transfer of case – Age of wife is relevant factor
CPC - S. 25 – Transfer of case – Age of wife is relevant factor to transfer matrimonial proceedings at...
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