Cpc G. Surya Narayanan Mhc Advt: Order 21

[3/14, 10:26] Cpc G. Surya Narayanan Mhc Advt: Order 21

2012(5) SCJ 290

Food Corporation of India vs Richhpal Swami

High court in revision held decree holder entitled to pendente lite interest @ 18%. Rate of interest awarded by trial court was reduced to 6 % in appeal- high court erred in taking it as 18%.

Order 21 and section 47

M/s.Pushpa Sahakarai Avas Samiti Ltd vs M/s. Gangotri Sahakarai Avas S.Ltd & others

2012(5) SCJ 42

Decree stipulating 6 months for payment of decree amour- execution laid before 6 months- time expired when order was passed in execution- objection as to premature execution dismissed and confirmed in revision- held, when matter was taken up for hearing it was quite mature- decree lost its potentiality and executability is insignificant- matter remanded to consider other objections on merit
[3/17, 17:30] Cpc G. Surya Narayanan Mhc Advt: Order 39 rule 1 & 2

2012(5) SCJ 413

M/s. Best Sellers Retail (India) Pvt. Ltd vs M/s. Aditya Birla Nuvo Ltd & others

Suit for specific performance , alternative for damages- application for interim injunction from leasing, alienating or encumbering property allowed by trial court- miscellaneous appeal dismissed- if temporary injunction is not granted only financial loss will accrue- order set aside

2012(6) SCJ 432

Union of India vs Ibrahim Uddin & another

Order 41 rule 27, section 100, order 6 rule 17, order 11

Additional evidence permitted much prior is in violation of statutory requirements and the order can be ignored- order doesn’t apply when on facts appellate court can pronounce judgement- appellate court can permit only if conditions laid down exists- defendant failed to file any document in rebuttal is no admission of plaintiff case- defendant claimed title failed to produce documents, adverse inference can be drawn when other larger evidence is shown to contrary- court to be satisfied findings under challenge vitiated by non- consideration of relevant evidence or suffer from perversity to entertain second appeal on facts

Leave a Reply

Your email address will not be published. Required fields are marked *

Call Now ButtonCALL ME