Introduction to Code of Civil Procedure (CPC), 1908
Introduction to Code of Civil Procedure
Category Judiciary Notes
State of U.P. v. Nawab Hussain (AIR 1977 SC 1680)
State of U.P. v. Nawab Hussain (AIR 1977 SC 1680 Section 11, Explanation IV- Constructive Res-judicata Facts: In this case, the petitioner was dismissed from service. He filed a writ petition on the ground of denial of opportunity of being heard and that…
Iftikar Ahmed v. Syed Meharban Ali, (AIR 1977 SC 749)
Iftikar Ahmed v. Syed Meharban Ali, AIR 1977 SC 749 Section 11 – Res judicata between Co-defendants. Facts: There was conflict of interest among co- plaintiffs. In the previous suit, Ishtaq Ahmed, K. Fatima, M. Ali (Co-plaintiffs) instituted a suit against…
Indian Bank v. Maharashtra State Co-operative Marketing Fed. Ltd. (AIR 1998 SC 1952) – CPC
Indian Bank v. Maharashtra State Co-operative Marketing Fed. Ltd. (AIR 1998 SC 1952) Facts: Bank filed Summary Suit in the Bombay High Court under Order 37 of the Code against the Federation for obtaining a decree for Rs. 4,96,59,160 alleging that…
Gundaji Satwaji Shinde v. Ramachandra Bhikaji Joshi (AIR 1979 SC 653) – CPC
(AIR 1979SC 653) (AIR 1979SC 653) Gundaji Satwaji Shinde v. Ramachandra Bhikaji Joshi (AIR 1979 SC 653) Facts: Plaintiff sued for specific performance of a contract for sale of agricultural land in the civil court and defendant appeared and raised a contention…
Punjab National Bank v. Surendra Prasad Sinha, AIR 1992 SC 1815 – Limitation Act
K. RAMASWAMY, J. – Though the respondent was served on July 29, 1991, he neither appeared in person, nor through counsel. The facts set out in the complaint eloquently manifest on its face a clear abuse of the process of…
Section 17 – Contract to sell or let property by one who has no title, not specifically enforceable – SRA, 1963
17. Contract to sell or let property by one who has no title, not specifically enforceable.- (1) A contract to sell or let any immovable property
Section 16 – Personal bars to relief – SRA, 1963
Section 16 16. Personal bars to relief- Specific performance of a contract cannot be enforced in favour of a person- (a) Who has obtained substituted performance of contract under Section 20; or (b) Who has become incapable of performing, or…
Section 15 – Who may obtain specific performance, SRA, 1963
PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY ENFORCED Section 15 15. Who may obtain specific performance.—Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by— (a) any party thereto; (b) the…
Section 14A – Power of court to engage experts, SRA, 1963
Section 14A 14A. Power of court to engage experts.—(1) Without prejudice to the generality of the provisions contained in the Code of Civil Procedure, 1908 (5 of 1908), in any suit under this Act, where the court considers it necessary…