Category: C P C

Civil Procedure Code, 1908 (CPC) – Section 107 – Interference with finding of fact – Considerations for – The rule of practice is that where the evidence is conflicting and decision hinges upon the credibility of witnesses, the appellate court should not interfere with finding of civil Court on question of fact.

  AIR 1951 SC 120 : (1950) 1 SCR 781 SUPREME COURT OF INDIA SARJU PERSHAD — Appellant Vs. RAJA JWALESHWARI PRATAP NARAIN SINGH AND OTHERS — Respondent ( Before…

Contract Act, 1872 – Sections 17 and 23 – Fraudulent terms – Avoidance of creditor – Rules of Voluntary Provident Fund Trust providing that in case of insolvency of subscriber, the property standing to his credit will vest in the Trust and not the Official Receiver – Such clause if allowed would be fraud perpetrated on insolvency law and therefore is not valid or binding.

  AIR 1956 SC 336 : (1956) 2 LLJ 215 : (1956) 1 SCR 100 SUPREME COURT OF INDIA MUKTI LAL AGARWALA — Appellant Vs. TRUSTEES OF THE PROVIDENT FUND…

Auction sale of immovable property–Confirmation of–Only because the sale was confirmed within a period of 30 days from the date of acceptance of bid, the same by itself, was not decisive to set aside the sale after 8 years. Auction sale–Deposit of amount–Term ‘immediately’– Required to be construed as meaning with all reasonable speed, considering the circumstances of the case.

2007(1) LAW HERALD (SC) 631 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju  Civil Appeal No. 6129 of 2000…

Leave to defend–Refusal of–Where leave to defend the leave refused in a summary suit, the consequences of passing a decree cannot be avoided. Leave to defend–Refusal of–Where an appeal lies under Section 96 of the Code, ordinarily an application under Article 227 of the Constitution would not be maintainable.

2007(1) LAW HERALD (SC) 476 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju  Civil Appeal No. 230 of 2007…

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