1908 Section 115 Order 5 - Law Dictionary Search Results
Under this section
Under this section, the words 'under this section' in the Explanation are significant relating, as it does, to the governing topic … limitation, Udayan Chinubhai v. R.C. Bali, AIR 1977 SC 2319 (2326): (1977) 4 SCC 309: (1978) 1 SCR 547. [Limitation Act, 1963, s. 12(2)]
Decree-holder
a decree has been passed or an order capable of execution has been made. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (3)]
Judgment decree or final order
a vital issue in the case, Sardar Kapur Singh v. Union of India, AIR 1957 Punj 173. CPC, 1908, Order 20, Rules 1, 6A. … it is not final even though it may decide a vital issue in the case, Sardar Kapur Singh v. Union of India, AIR 1957 Punj 173. CPC, 1908, Order 20, Rules 1, 6A.
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Weaker section of society
Weaker section of society, the expression 'weaker sections of society' includes also citizens of 'backward classes' who are covered by … guidelines to indicate who would be included within weaker sections of the society. As a working guideline, Supreme Court directed that a 'means test' for identifying 'weaker ss. of the society' shall be adopted, Shantistar Builders v. … v. Narayan Khimalal Totame, AIR 1990 SC 630 (635): (1990) 1 SCC 520. (Constitution of India, Arts. 46, 136) Weaker section of the society, includes
Stay order
Stay order, the stay of operation of an order only means that the order which has been stayed would not … it does not mean that the said order has been wiped out from existence, Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association, (1992) 3 SCC 1: AIR 1992 SC 1439 (1444). (Constitution of India,
Decree for money or other property
Decree for money or other property, a 'decree' for declaration of title to money or other property is not … property. It does not include a decree concerning title to money or other property, State of Uttar Pradesh v. Ramkrishan Burman, (1970) 1 SCC 80: AIR 1971 SC 87 (89). [Court-fees Act, (7 of 1870), s. 7(iva)(UP)]
Notified order
Notified order, means an order notified in the Official Gazette. [Essential Commodities Act, 1955 (10 of 1955), s. 2(c)] --the … cover special as well as general orders relating to the matters specified in s. 3, Santosh Kumar Jain v. State, AIR 1951 SC 201(202). [Essential Supplies (Temporary Powers) Act, s. 3(i)]
By order of the Governor of Bombay
By order of the Governor of Bombay, if an order is issued in the name of the Governor and is … is an irrebuttable presumption that the order or instrument is made or executed by the Governor, E.G. Barsay v. State of Bombay, AIR 1961 SC 1762 (1776): (1962) 2 SCR 195. (Constitution of India, Art. 166)
Assistance, writ of
Chancery in the reign of James I. It was provided for by the repealed Consolid. Ord. XXIX., r. 5, but has not reappeared in the Rules of the Supreme Court. Writ of possession is in practice substituted … Assistance, writ of, appears to have been first employed by the Court of Chancery in the reign of James I. It was provided for by the repealed Consolid. Ord. XXIX.,
Balance decree
Balance decree, word decree after the word 'balance' means entitlement to a further sum, N.K. Rajagarhia v. Mahavir Plantation Ltd., … the word 'balance' means entitlement to a further sum, N.K. Rajagarhia v. Mahavir Plantation Ltd., (2006) 1 SCC 502. --Includes the amount waived at the trial stage, N.K. Rajagarhia v. Mahavir Plantation Ltd., (2006) 1 SCC 502.
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