Partition—There is no limitation to claim execution of preliminary decree for partition.
(2017) 178 AIC 138 : (2017) AIR(SCW) 2447 : (2017) 3 AIRJharR 336 : (2017) AIR(SC) 2447 : (2017) AllSCR 1073 : (2017) 4 AndhLD 160 : (2017) 2 BBCJ…
Abetment of Suit—Decree passed by a court for or against dead person is “nullity”.
(2017) 175 AIC 121 : (2017) AIR(SCW) 2419 : (2017) AIR(SC) 2419 : (2017) AllSCR 1185 : (2017) 123 ALR 804 : (2017) 5 AndhLD 14 : (2017) 2 ApexCourtJudgments(SC)…
Execution of Decree—Money Decree passed against husband and firm whose proprietress was his wife—Husband had represented himself to be authorized to act on behalf of firm of his wife—Decree held to be executable,
(2017) 173 AIC 214 : (2017) AIR(SCW) 1577 : (2017) 2 AIRJharR 702 : (2017) AIR(SC) 1577 : (2017) AllSCR 798 : (2017) 122 ALR 525 : (2017) 3 ALT…
Resjudicata—Once identity of the property and the title there of is finally adjudicated in a previous suit, holding that land is situated in a particular survey number, it operates as resjudicata.
(2017) AIR(SCW) 1962 : (2017) AIR(SC) 1962 : (2017) 4 AndhLD 49 : (2017) 2 ApexCourtJudgments(SC) 507 : (2017) 3 BLJud 118 : (2017) 4 HimLR 2195 : (2017) 3…
Execution of Decree—Part Payment—If the Court does not certify the payment made by the judgment debtor then such payment shall not be recognized by any Court executing the decree for the purpose of giving adjustment to the judgment debtor against the decretal amount.
(2017) AIR(SCW) 3756 : (2017) 4 AIRJharR 103 : (2017) AIR(SC) 3756 : (2017) AllSCR 1612 : (2017) 5 AndhLD 134 : (2017) 3 LawHerald 2503 : (2017) 2 LawHerald(SC)…
High Court while allowing appellant to withdraw appeal, passed an order of status quo for a period of two weeks–Held; once appeal permitted to be withdrawn, Court become functus offico–It ex facie had no jurisdiction to pass such interim order–Civil Procedure Code, 1908, Order 41 and 23.
2008(1) Law Herald (SC) 494 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5831 of…
Civil Procedure Code, 1908 S.151–Recalling of Order-Matrimonial dispute and litigation pending between the parties-High Court while passing orders regarding arrears and future maintenance also directed parties would withdraw all pending cases-Respondent objected
(2017) 173 AIC 161 : (2017) AIR(SCW) 1751 : (2017) AIR(SC) 1751 : (2017) AllSCR(Crl) 366 : (2017) 123 ALR 241 : (2017) CriLR 196 : (2017) 2 JCR 63…
Execution of Decree—Limitation for filling an application delivery of possession of property by auction purchaser is one year from the date when the sale becomes absolute and when the was confirmed.
(2017) 171 AIC 161 : (2017) AIR(SCW) 498 : (2017) AIR(SC) 498 : (2017) AllSCR 222 : (2017) 121 ALR 248 : (2017) 2 ALT 1 : (2017) 2 AndhLD…
Modification of Decree—No Decree or Revision shall be reversed or varied substantially on account of non- joinder or misjoinder of parties.
(2017) 173 AIC 86 : (2017) AIR(SCW) 2002 : (2017) AIR(SC) 2002 : (2017) 122 ALR 508 : (2017) 4 AndhLD 81 : (2017) 2 ApexCourtJudgments(SC) 418 : (2017)…
Remand of Case— When the first appellate court Itself did not decide the appeal on merits and considered it proper to remand the case to the Trial Court, a fortiori, the High Court had no jurisdiction to decide the appeal –on merits.
(2017) 176 AIC 214 : (2017) AIR(SCW) 2402 : (2017) AIR(SC) 2402 : (2017) AllSCR 1270 : (2017) 123 ALR 817 : (2017) 4 AndhLD 180 : (2017) 2 ApexCourtJudgments(SC)…