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Code Of Civil Procedure 1908 - Law Dictionary Search Results

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Decree

which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (2)] Prior to the integration of Hyderabad State with the Indian Union and

Cause of action

& London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)] --It is only that court in whose jurisdiction the 'cause of action' did arise … Jain v. Sonia Gandhi, (2001) 8 SCC 233. The expression 'cause of action' is tersely defined in Mulla's Code of Civil Procedure: The 'cause of action' means every fact which, if traversed, it would be necessary for the plaintiff to

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Judgment

(1) (k)] It means the statement given by the Judge on the grounds of a decree or order. [Code of Civil Procedure, 1908, s. 2 (9)] That by the word 'judgment' is meant an order in a trial terminating in the … and 369) Judgment means the statement given by the Judge on the grounds of a decree or order. [Code of Civil Procedure, 1908, s. 2(9)] Judgment, is order or sentence given by a judge or law Court, Webster American Dictionary, p.

Legal representative

2 SCR 810. It has the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908. [Wealth-tax Act, 1957, s. 2 (lb)] It means a person who in law represents the estate of a … character the person on whom the estate devolves on the death of the party so suing or sued. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (11)] It means a person who in law represents the estate of a

Mesne profit

on such profits, but shall not include profits due to improvements made by the person in wrongful possession. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (12)] As defined in s. 2(12) of the Code of Civil Procedure, 1908 … [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (12)] As defined in s. 2(12) of the Code of Civil Procedure, 1908 are profits which the person in wrongful possession of property actually received or might with ordinary diligence have

Mistake or an error apparent on the face of the record

be allowed to be 'an appeal in disguise', Parsion Devi v. Somitri Devi, (1997) 8 SCC 717 (719). (Code of Civil Procedure, 1908, Order 47, Rule 1 and s. 114

May

State of Bihar, 1961 SC 849; Narayana Rao v. State of Andhra Pradesh, 1957 SC 737. [See also Civil Procedure Code, 1908, s. 39] The word 'may' in Article 226 of the Constitution has reference to sanction and

Privy purse

enforceable in any municipal court is strictly a political pension within the meaning of s. 60(1)(g) of the Code of Civil Procedure. The use of the expression 'privy purse' instead of the expression 'pension' is due to historical reasons. The … 3 SCR 207; see also Ragunandan Rao Ganpatrao v. Union of India, AIR 1993 SC 1267. [Civil PC, 1908 s. 60(i)(g)]

Entertain

SC 1093: (1970) 2 SCR 898. The expression 'entertain' in proviso to cl. (b) of Or. 21, r. 90,Civil Procedure Code,1908 means 'adjudicate upon' or 'proceed to consider on merits' and not 'initiation of proceeding', Hindusthan Commercial Bank

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