Order XXIII Rule 3 and Order III Rule 1 of Civil Procedure Code- Arbitration proceedings – Arbitrator passed awards – challenged in District court – Compromise signed by Govt. Pleader on behalf of Govt. – Compromise decree was challenged by Govt. as Govt. Pleader is not authorised – High court set aside the decrees – Apex court held that Order XXIII Rule 3 and Order III Rule 1 of … Continue reading
SUIT: Fraudulent suit – Suits for permanent injunction and possession – Based on an earlier compromise decree – Held: All facets of fraud get attracted to the case at hand – A rustic and illiterate woman is taken to court by a relation on the plea of creation of a lease deed and magically in … Continue reading
Code of Civil Procedure, 1908 – Or.XXIII, r.3-A – Suit – Maintainability – Appellant filed suit seeking declaration that decree passed by the Assistant Collector, Class-I, in a suit u/ss.176, 178 and 182 of the Land Reforms Act was fraudulent, inoperative and not binding upon him – Allegation that decree passed by Assistant Collector was … Continue reading
1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5798 OF 2002 C.S.Mani (deceasad) by LR C.S.Dhanapalan … Appellant Vs. B.Chinnasamy Naidu (deceased) by LRs … Respondent JUDGMENT R.V.RAVEENDRAN, J. Appellant obtained a money decree for Rs.4200/- against one Mokshammal on 28.2.1972. He levied execution (EP No.466/1974) in respect … Continue reading
1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5798 OF 2002 C.S.Mani (deceasad) by LR C.S.Dhanapalan … Appellant Vs. B.Chinnasamy Naidu (deceased) by LRs … Respondent JUDGMENT R.V.RAVEENDRAN, J. Appellant obtained a money decree for Rs.4200/- against one Mokshammal on 28.2.1972. He levied execution (EP No.466/1974) in respect … Continue reading
PETITIONER: ARJAN SINGH alias PURAN Vs. RESPONDENT: KARTAR SINGH AND OTHERS. DATE OF JUDGMENT: 02/03/1951 BENCH: AIYAR, N. CHANDRASEKHARA BENCH: AIYAR, N. CHANDRASEKHARA FAZAL ALI, SAIYID MUKHERJEA, B.K. CITATION: 1951 AIR 193 1951 SCR 258 CITATOR INFO : RF 1963 SC1526 (9) F 1974 SC2069 (5) RF 1976 SC1053 (10) ACT: Civil Procedure Code, 1908, … Continue reading