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Bhagwandas Krishnadas and anr. Vs. P.S. Sama Iyer and ors.

Court : Kerala

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 65; Tamil Nadu Revenue Recovery Act, 1864 - Sections 38 and 43; Contract Act, 1872 - Sections 70

Reported in : AIR1972Ker259

and restore the decision of the trial Court with costs throughout. Civil - auction - Section 65 of Code of Civil Procedure, 1908 and Sections 38 and 43 of Tamil Nadu Revenue Recovery Act, 1864 - appeal filed against decree for

Pathumma and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Subject : Property

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 65 - Order 21, Rule 72; Transfer of Property Act - Sections 53; Constitution of India - Articles 14, 19(1), 19(5) and 31; Kerala Agriculturists (Debt Relief) Act, 1970 - Sections 20, 20(2), 20(3) and 20(6); Specific Relief Act, 27

Reported in : AIR1978SC771; (1978)2SCC1; [1978]2SCR537

are dismissed with costs. Property - auction sale - Section 65 and Order 21 Rule 72 of CPC, 1908, Section 53 of Transfer of Property Act, Sections 20, 20 (2), 20 (3) and 20 (6) of Kerala Agriculturists … is completely exempted from the operation of the provisions of the Act. The Act lays down a self-contained procedure for the mode in which the sale is to be set aside and the conditions on which this … at the time when the Act was passed. It appears that in Civil Appeal No. 420 of 1973 the appellant was a stranger auction purchaser

P. Meharunnissa Begum and ors. Vs. P. Noorunnissa Begum and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Order 11, Rule 14; Evidence Act, 1872 - Sections 65 and 66

Reported in : 2001(6)ALD229; 2002(3)ALT12

of their father. The learned trial Judge having regard to the language of Order XI, Rule 14 of Code of Civil Procedure, 1908 (CPC) dismissed the application on two grounds. First, in the written statement filed by the ninth defendant on … document, it is always open to them to take necessary steps for leading secondary evidence in accordance with Sections 65 and 66 of the Indian Evidence Act, 1872 ('the Act' for brevity). Accordingly, the application was dismissed.

Chimanlal Narsibhai Vs. Amratlal Chhotalal Shah and anr.

Court : Gujarat

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Sections 65 - Order 21, Rules 92, 94 and 95

Reported in : AIR1974Guj218; (1975)0GLR22

& Cross-objections dismissed Property - compensation - Section 65 and Order 21 Rules 92, 94 and 95 of Code of Civil Procedure, 1908 - mortgagee filed suit against mortgagor to recover mortgage money by sale of mortgaged money - suit decreed

M. Sevugan Chettiar and anr. Vs. V.A. Narayana Raja and ors.

Court : Chennai

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 65 - Order 21, Rule 92 - Order 34, Rule 5; Indian Limitation Act, 1908 - Schedule - Article 180; Indian Limitation (Amendment) Act, 1963 - Schedule - Article 134

Reported in : AIR1984Mad334

Civil - confirmation of sale - Section 65, Order 21 Rule 92 and Order 34 Rule 5 of Code of Civil Procedure, 1908, Article 180 of Schedule to Limitation Act, 1908 and Article 134 Schedule to Indian Limitation (Amendment) Act, 1963

H. Siddiqui (Dead) by Lrs. Vs. A. Ramalingam.

Court : Supreme Court of India

Subject : Property Civil

Acts : Evidence Act, 1872 - Sections 65, 66 , 20(2) ; Code of Civil Procedure (CPC), 1908 - Order 41 Rule 31 ;

had to be decided strictly in adherence with the provisions contained in Order XLI Rule 31 of the Code of Civil Procedure, 1908 (hereinafter called CPC) and once the issue of alleged power of attorney was also raised as is evident … there was such power of attorney whether the same had been proved in accordance with law.10. Provisions of Section 65 of the Act 1872 provide for permitting the parties to adduce secondary evidence. However, such a course is

Kashinath Sankarappa Wani Vs. New Akot Cotton Ginning And; Pressing Co ...

Court : Supreme Court of India

Subject : Commercial

Acts : Commercial Documents Evidence Act, 1939 - Sections 3; Code of Civil Procedure (CPC), 1908 - Sections 109 and 110; Evidence Act - Sections 65 and 74(2)

Reported in : AIR1958SC437; (1958)IIMLJ103(SC); [1958]1SCR1331

Commercial - time barred - Section 3 of Commercial Documents Evidence Act, 1939, Sections 109 and 110 of Code of Civil Procedure, 1908 and Sections 65 and 74 (2) of Indian Evidence Act - suit filed by appellant for recovery of

Pradyut Natwarlal Shah Vs. Suryakant N. Sangani and ors.

Court : Mumbai

Subject : CivilProperty

Acts : Constitution of India - Article 141; Code of Civil Procedure (CPC), 1908 - Sections 60, 64 and 65 - Order 21, Rules 54, 60, 63, 97 and 103; Maharashtra Co-operative Societies Act, 1960

Reported in : AIR1979Bom166; (1978)80BOMLR486; 1979MhLJ72

been put by all the High Courts on the relevant provisions and the corresponding provisions of the earlier Code of Civil Procedure. The Court held that the order for release from attachment did not put an end to the attachment … Before me Mr. Zaiwalla, learned Counsel for the Appellant, has urged two points. He has submitted that under Section 65 of the Civil P. C. when an immovable property is sold in execution of a decree and such … suit filed under Order XXI, Rule 103 of the Civil P. C. 1908.2. The material facts which have given rise to this Appeal are that

Arunachalam Pillai Vs. M. Velamma and ors.

Court : Chennai

Subject : PropertyLimitation

Acts : Code of Civil Procedure (CPC), 1908 - Order 2, Rule 2; Limitation Act - Sections 9 - Schedule - Article 97; Indian Contract Act - Sections 65

Reported in : AIR1968Mad226

mortgage decree for sale-four months.10. The second appeal is allowed accordingly as against defendants 2 to4. No leave. Code of Civil Procedure (Act V of 1908), Order II, Rule 2--Scope and applicability--Transaction giving rise to several causes of action--Plaintiff need … or arrest the running of time, against the provisions of Section 9 of the Limitation Act (IX of 1908). Section 9 provides only that once time has begun to run, no subsequent disability or inability to sue, stops … seeking to enforce the conveyance was dismissed. It was observed that the dismissal of the suit imposed, under Section 65 of the Indian Contract Act, a fresh obligation on the respondent to pay his debt. In their Lordships

Baroda Municipal Corporation Vs. State of Gujarat and anr.

Court : Gujarat

Subject : PropertyCivil

Acts : Bombay Land Revenue Code, 1879 - Sections 48, 48(2), 65, 136 and 214; Code of Civil Procedure (CPC), 1908 - Sections 96

Reported in : AIR1996Guj162

in Special Civil Suit No. 444 of 1976, by invoking aids of provisions of Section 96 of the Code of Civil Procedure, 1908. A few material facts giving rise to this appeal may shortly be narrated so as to appreciate the … (2) Where land assessed for use for any purpose is permitted or deemed to have been permitted under Section 65, or, as the case may be, under Section 65A, to be used for any other purpose, or is