Cpc G. Surya Narayanan Mhc Advt: Section 35,35A, order 39 rule 1,2

[1/22, 16:45] Cpc G. Surya Narayanan Mhc Advt: Section 35,35A, order 39 rule 1,2

2010(7) SCJ 493

Vinod Seth vs Devinder Bajaj & another

In suit for specific performance, high court directed plaintiff to file undertaking to pay 25 lakh damages on dismissal of suit- court has no power to direct filing of affidavit for damages pending suit for approaching court for Redressal of grievances under law-

Section 96 & order 41

2010(7) SCJ 456

James Joseph vs State of Kerala

Legal principles governing first appeal formulated in this judgement to be followed by all court

Section 96 order 41 rule 31

2010(7) SCJ 514

B. V. Nagesh & another vs H.V.Sreenivasa Murthy

Judgement In regular first appeal must reflect conscious application of mind and record reasons on all issues- first appeal is a valuable right and should be divided on law and facts
[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

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