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Supreme Court & High Courts Judgments
Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Dispute Over Ad Valorem Court Fee -- Depends on facts relating to possession and other issues to be established through evidenc..
Supreme Court
(i) Civil Procedure Code, 1908, O.2 R.2, S.105 -- Order II Rule 2 -- No Separate Appellate Remedy Against Order Rejecting Application -- There is no provision in the Code providing a separat..
(i) Transfer of Property Act, 1882, S.111(e)/(f) -- Tenancy -- Subsequent Agreement to Sell Between Landlord and Tenant -- Execution of an agreement to sell between landlord and tenant does ..
(i) Civil Procedure Code, 1908, O.12 R.6 -- Judgment on Admission -- Form and Source of Admission -- A decree can be passed under this provision on the basis of an admission, whether contain..
(i) Civil Procedure Code, 1908, S.47 -- Execution -- Jurisdiction of Executing Court -- Jurisdiction of the Executing Court is limited to giving effect to the decree as passed. It cannot ass..
(i) Indian Succession Act, 1925, S.63(c) -- Proof of Will -- Scribe Signing Without Animus Attestandi -- A person who signs a document only in the capacity of scribe, without intention to be..
(i) Hindu Law -- Joint Family Property -- Existence of Joint Family Alone -- Mere proof of existence of a joint family does not by itself render all properties as joint family properties. On..
(i) Recovery of Debts Due to Banks and Financial Institutions Act, 1993, S.31 -- Execution of Decree -- Transfer to Debts Recovery Tribunal -- Transfer of execution from a civil court to the..
(i) Specific Relief Act, 1963, Ss.16(c), 20 -- Specific Performance -- Discretionary Nature of Relief -- Relief of specific performance is equitable and discretionary in nature. Court is not..
(i) Specific Relief Act, 1963, S.38 -- Perpetual Injunction -- Possession as on Date of Suit -- Possession of the suit property on the date of filing the suit is an essential requisite for g..
Civil Procedure Code, 1908, S.96 -- Composite Appeal -- Suit and Counterclaim Decided by Common Judgment -- A single memorandum of appeal is maintainable against the decree on the original c..
Limitation Act, 1963, S.14 -- Exclusion of Time -- Winding Up Proceedings -- Time spent pursuing winding up proceedings cannot be excluded while computing limitation for a suit for recovery ..
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