Cpc G. Surya Narayanan Mhc Advt: Section 148

[1/23, 19:19] Cpc G. Surya Narayanan Mhc Advt: Section 148

2010(7) SCJ 682

D. V. Paul vs Manish Lalwani

Suit for eviction for nuisance, default in rent and material alterations dismissed and confirmed in appeal- Appellate court determined compensation towards alterations and on failure to deposit, directed to pass eviction- demand draft sent to respondent instead of court deposit-court has discretion to enlarge time-

Section 151

2010(7) SCJ 493
Vinod Seth vs Devinder Bajaj & another

Court trying a suit cannot invoke 151 to file undertaking to pay damages to defendant if he fails in suit

Order 3 rule 1 & 2

2010(7) SCJ 814

Man Kaur (d) by Lrs vs Hartar Singh Sangha

Acts in this provision does not include power to depose in place and instead of principal in a suit for specific performance
[1/25, 10:02] Cpc G. Surya Narayanan Mhc Advt: Order 21 rule 57

2010(7) SCJ 438

C. S. Mani (d) by Lr vs B. Chinnaswamy Naidu (d) by Lrs

When execution is closed in view of moratorium, attachment already ordered continues- high court erred in allowing second appeal in a suit challenging sale on the basis of prior attachment- sale and confirmation is proper

Order 23 rule 3

2010(7) SCJ 584

Hussainbai Allarakhbai Daraiya & others vs State of Gujarat & others

Compromise between non-parties to suit- decree can be only for compromise between parties- first appellate court directing decree on the basis of compromise between non-parties is unsustainable

Order 41 rule 33

2010(7) SCJ 757

Prahlad & others vs State of Maharashtra & another

Law declared by Supreme Court binding on high court under Article 141- power conferred on high court is of widest amplitude to do complete justice- power cannot be exercised ignoring legal interdict

Leave a Reply

Your email address will not be published.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

Call Now ButtonCALL ME